The Court of Appeal found an error of principle in the sentencing approach taken in John Cotter’s case and suspended any balance of his sentence that remained outstanding on 13 November 2014. The order requires him to keep the peace for 12 months.
Cotter had appealed the severity of five two-year prison sentences imposed by the Circuit Court on 28 February 2012 for sexual assault. The appeal court said the offences involved three girls who were children at the time. The judgment used their first names, Laura, Elaine and Claire, and said Cotter had been babysitting them while in a position of trust.
The court said the offences dated from 1991 to 1993. It described the impact on each of the three as serious and lasting, referring to victim impact reports. It also noted that Cotter was himself between 15½ and 17½ years old when the offences occurred, had previously been sexually abused, had no previous convictions, and had since lived a responsible and constructive life with a good work record. His wife gave evidence at the sentencing hearing about his qualities as a husband and father.
The judgment said the Circuit Court judge had to consider custody given the seriousness of the offences and their impact. However, the appeal court concluded that the case appeared to have been approached on the basis that a sentence of less than two years was not an option, when a shorter sentence could have been considered.
Cotter had been admitted to bail on 8 July 2013, when, allowing for normal remission, he was within about a month of completing his sentence. The appeal court said a formal resentencing hearing that could have returned him to custody for a few more weeks would be extremely harsh. It therefore suspended the balance of any sentence outstanding that day, on the condition that he keep the peace for 12 months. The judgment does not state how much of the sentence, if any, remained outstanding.