Cork man loses appeal over rape sentence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A Cork man has lost his appeal against a 14-year sentence, with the final two years suspended, for raping and sexually abusing his step-daughter. The Court of Appeal dismissed the appeal on 15 May 2018. The proceedings were reported on 15 May 2018.

The man, who cannot be named for legal reasons, pleaded guilty at the Central Criminal Court to 18 counts of raping and sexually abusing her on dates between 1974 and 1979 at their Cork home. She was aged between 11 and 16 and became pregnant twice. The court heard that she lost one child and another was put up for adoption.

Mr Justice Tony Hunt had set an 18-year headline sentence and reduced it to 14 years for the man's admissions, guilty plea and remorse. He suspended the final two years because of the man's age and medical issues.

On appeal, defence counsel Orla Crowe SC argued that the 18-year starting point was too high and sought a sentence comparable to one imposed in a case known as RK. Counsel for the Director of Public Prosecutions, Imelda Kelly BL, said fear, beatings and threats of violence had allowed the offending to continue and were mechanisms of control absent from RK.

Mr Justice John Edwards said the 18-year starting point was within the sentencing judge's discretion given the circumstances. The court rejected the complaint that the discounts for the guilty plea, remorse, age and ill health were insufficient. He sat with Mr Justice George Birmingham and Mr Justice Alan Mahon.