The Court of Appeal has reduced the effective prison term imposed on S.D. for the serious sexual assault of a four-year-old girl in May 2010.
S.D. had received ten years' imprisonment in the Central Criminal Court, with the final 18 months suspended. The appeal court increased the suspended portion to two and a half years, leaving an effective custodial term of seven and a half years.
The child, identified as K.C., was visiting relatives in Ireland from Birmingham when the offence occurred on May 29, 2010. She was the grandniece of S.D.’s partner. S.D., then 48, was left alone downstairs with the child for about 15 minutes and sexually assaulted her using the handle of a feather duster.
K.C. returned to England later that week. On June 18 she disclosed what had happened to her mother, who contacted the authorities. S.D. was arrested five days later.
During his first two Garda interviews he strongly denied wrongdoing. In later interviews he changed his account and made significant admissions. The Court of Appeal accepted that those admissions substantially assisted the prosecution.
S.D. did not plead guilty immediately. An initial trial date was vacated at the defence's request. A jury was later sworn for a rescheduled trial before he ultimately pleaded guilty, meaning K.C. did not have to be made available for cross-examination.
The sentencing judge selected a ten-year starting point and suspended 18 months. On appeal, S.D. argued that insufficient credit had been given for mitigation.
The Court of Appeal rejected any suggestion that the ten-year starting point was excessive, saying an even higher figure might have been justified. However, it held that substantial mitigating factors should still produce a significant reduction even in exceptionally serious cases.
The suspended portion was increased to two and a half years. Participation in the Building Better Lives Programme, or a similar programme if offered, was made a condition of the suspension.