The Court of Appeal increased the suspended portion of an eight-year prison sentence imposed on J.C. after his conviction on eight counts of indecent assault. The court left the eight-year term in place, changing the final suspended portion from two years to three.
J.C. was convicted by a jury at Waterford Circuit Court in November 2013 for offences against a girl aged nine and ten during the summers of 1982 and 1983. The Court of Appeal judgment said he had befriended the girl and her family while they were on holiday, and was later allowed to take her on fishing trips. The assaults included sexual abuse at a caravan and indecent touching in a car while driving her home.
At sentencing, four counts carried concurrent two-year terms. The other four carried concurrent eight-year terms, with the final two years suspended. J.C. appealed on the grounds that the sentence did not give sufficient weight to his personal circumstances and mitigation, including his age, poor health, remorse and risk of reoffending. The prosecution argued the sentence was not excessive and reflected the seriousness of the offending.
The Court of Appeal said the sentencing judge had carefully considered the case. Aggravating factors included the victim’s young age, the breach of trust, a direction not to disclose what had happened and the devastating impact on her. The judge had also considered mitigating factors, including J.C.’s remorse after the jury verdict, medical evidence, lack of previous convictions, character evidence and his care for an older sister.
The victim’s impact statement described lasting harm to her health, family life and nursing career. The judgment records that she had worked as a nurse for 20 years before abandoning the career.
The appeal court found no error of principle in the sentencing judge’s eight-year starting point. However, it said a limited reduction was justified by J.C.’s age and health. A medical report described him as being in “very poor health” and identified prostate cancer and multi-system disease; the judgment also noted prior coronary bypass surgery and bronchial asthma.
The court set aside the original sentence and imposed an eight-year term with the final three years suspended on the usual terms. It said the sentence remained substantial in view of the gravity of the offending.