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J. D. appealed against 11-year sentence

By Ruairí Dolan

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

J. D. appealed against the severity of an 11-year sentence, with the final two years suspended on conditions. The Court of Appeal judgment is dated 23 October 2015 and lists Birmingham J., Sheehan J and Mahon J.

He pleaded guilty on 22 March 2013 to 19 offences of sexual assault, possession of child pornography and allowing a child to be used for the production of pornography.

On 1 July 2013, he received the sentence in the Circuit Criminal Court on the first sexual assault count, with the other counts taken into consideration. He was also ordered to be placed on the sex offenders register for an indefinite period.

The victim was his daughter, then aged 13 or 14. The offences occurred over approximately 12 months between April 2010 and April 2011.

On 3 April 2011, his wife discovered pornographic photographs of their daughter on a digital camera at home. Gardaí were alerted and he was arrested that day. A search found 1,150 still images and 74 movie images depicting the girl, some also depicting him.

The judgment records that he accepted constructing sexualised scenes with his daughter but claimed she was a willing participant and that he saw nothing wrong with what had occurred. He identified himself in recordings simulating intercourse with her, but denied any intention or desire to have intercourse and described what happened as “a bit of fun”.

His guilty plea spared his daughter from giving evidence, although it came relatively late, after a trial date had been sought twice. The sentencing judge nevertheless gave credit for it. His appeal counsel argued that the offences were not at the upper end of the gravity scale.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.

Sources

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