The Court of Appeal has dismissed Dileesh Soman’s appeal against the severity of a four-year prison sentence imposed after he pleaded guilty to sexual assault and producing an article capable of inflicting serious injury in a dispute.
The sentence was imposed by Cork Circuit Criminal Court on 20 February 2015. The final 12 months were suspended on condition that Soman remain under Probation Service supervision after his release. The appeal court delivered its judgment on 18 February 2016.
The sexual assault occurred in November 2013 after the injured party advertised a room in her apartment for rent. The judgment says Soman used the alias “Aaron” when arranging to view it. The woman told the court he touched and digitally penetrated her without consent. She said she had been frightened and unable to resist physically. Her victim impact statement described lasting fear, sleep problems and difficulty functioning in college.
Soman challenged the six-year headline sentence set by the sentencing judge before reductions for mitigation. At the appeal hearing, his counsel conceded it was difficult to argue that the headline sentence was excessive given the digital penetration. Counsel instead argued that Soman’s medical condition, limited English and cultural circumstances made prison harder for him and warranted a greater reduction. The prosecution argued those factors did not justify a further discount.
The Court of Appeal said the sentencing judge had reduced the six-year headline sentence by one third, taking account of the guilty plea, previous good character and limited admissions. The plea spared the injured party from giving evidence and saved court time and expense, the appeal court said. It also noted that Soman had not been wholly cooperative, had shown no remorse before changing his plea and had sought to suggest the woman had consented to some of his actions.
The judges said the sentencing judge could have taken some account of Soman’s language and cultural circumstances and restricted mobility following an injury and hip replacement. They also said rehabilitation could have been encouraged. However, they considered the suspended final year, with probation supervision, sufficient to address those matters. The court noted that a governor’s report said Soman was getting on well in prison.
Finding no error of principle in the sentencing, the Court of Appeal dismissed the appeal. The four-year sentence, including the suspended final year, therefore remained in place.