Dublin man’s fully suspended sentence upheld for sexual assault and defilement
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
A Dublin man’s fully suspended three-year sentence for sexual assault and defilement of a 13-year-old girl was upheld by the Court of Appeal. The proceedings were reported on 15 December 2014.
The 30-year-old man cannot be identified to protect the victim’s identity. He pleaded guilty to 11 sample counts of sexual assault and defilement. The offences occurred between May and August 2008.
Judge Patrick McCartan imposed the fully suspended sentence at Dublin Circuit Criminal Court on 4 May 2011. The Director of Public Prosecutions appealed on the ground that it was unduly lenient.
Mr Justice John Edwards, sitting with President of the Court of Appeal Mr Justice Seán Ryan and Mr Justice Alan Mahon, said the court found highly exceptional circumstances: the man’s immaturity, his vulnerability and the fact that he had not engaged in grooming, predatory conduct or domination.
Mr Justice John Edwards also described the man as having low intelligence, a difficult background and a low risk of reoffending. He said the sentencing judge had been impressed that the man had proffered €5,000 solely to help pay for the victim’s counselling.
Defence barrister Caroline Biggs SC said the man was probably closer to the girl in maturity and mindset than to her mother. She submitted that he had real regard for the girl and that she had initiated the acts, while saying her client did not use this to justify his conduct.
Mr Justice John Edwards said any willingness or initiation by the girl could not mitigate the offences, and the man had always known his conduct was wrong. He said her victim impact statement described lost confidence and self-esteem and difficulty dealing with what happened.
The court said custody would usually be appropriate in such cases, but declined to interfere. It found the sentence lenient, though within the permissible range.