Kildare man's jail term halved on oral rape appeal

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

The Court of Appeal reduced a Kildare man's four-year sentence, with the final two years suspended, to 18 months, with the final six months suspended for 12 months. He undertook to enter a good behaviour bond for the suspended period.

He had pleaded guilty to two counts of sexual assault and two counts of oral rape. The sexual assaults occurred in a shed at his home in October and December 2008. The oral rapes occurred at his home in April 2009 and in nearby woodland in May 2009. The victim was 11 and he was 15 at the time of the offending.

Mr Justice Tony Hunt imposed the original sentence at the Central Criminal Court on 28 November 2016. The appeal was decided on 7 July 2017. The proceedings were reported on 7 July 2017.

Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Hedigan, said insufficient allowance had been made for the man's youth and lack of maturity. The court set a headline sentence of two years and six months. Strong mitigation included his admissions, cooperation with gardaí, early guilty plea and previous good behaviour.

Hugh Hartnett SC argued that his client should have been sentenced as a 15-year-old, with custody considered a last resort. Mr Justice Alan Mahon said the Children's Act addressed concerns about detaining children, but the same concerns did not apply when sentencing an adult.

The report said the offences involved blindfold games and were reported to gardaí in 2013. None involved violence or threats of violence. The man voluntarily made a statement, described his actions as “experimental” and expressed sorrow. Mr Justice Alan Mahon said the repeated, calculated offending could not reasonably be described as merely experimental. He said the impact on the victim remained considerable. The man had no previous convictions, and the sentencing judge found no risk of reoffending.