By Eoin Marsh
The Court of Appeal has increased the prison sentence imposed on a father who sexually abused his two daughters over prolonged periods of their childhood, replacing an effective four-and-a-half-year term with 12 years.
The man, identified as J.D., had been indicted on 74 counts of sexual assault and pleaded guilty to 20 sample counts on a full-facts basis. The remaining offences were taken into consideration for sentencing.
The court recorded that Victim A was first abused from around the age of 10. Victim B was about six when the offending against her began. Both described repeated abuse in the family home, threats against disclosure and a wider pattern of fear and physical control.
At the original Circuit Court sentencing, J.D. received three years for offences concerning Victim A and a consecutive 18 months for offences concerning Victim B, producing an effective sentence of four years and six months.
The Director of Public Prosecutions sought review on grounds of undue leniency.
Mr Justice Patrick McCarthy, delivering the Court of Appeal judgment, said the offences were very grave and involved the prolonged sexual abuse of two very young children by their father. The court found an error of principle in the original headline sentences, followed by excessive mitigation and an excessive reduction for totality, the principle requiring a court to ensure that consecutive sentences do not produce a disproportionate overall punishment.
The appeal court also took a markedly different view of J.D.'s claimed remorse. Probation and psychological reports showed that he had minimised his offending, denied abusing Victim B and displayed poor insight into the impact on his daughters.
The court set headline sentences of nine years for each victim's group of offences, reducing each to seven-and-a-half years for mitigation before applying totality.
It ultimately imposed six years on count 37 concerning Victim A and a consecutive six years on count 65 concerning Victim B, with the remaining sample counts taken into consideration. The resulting effective sentence is 12 years' imprisonment.