The Court of Appeal has reduced the sentence being served by B.B. for a sexual offence committed against his six-year-old sister when he was 15, while upholding a separate sentence imposed on his brother A.A. for sexually assaulting the same child.
Both men pleaded guilty on 11 October 2019 to offences dating from 2007-08. Their identities were further anonymised by the court to protect their younger sister.
B.B.'s offence occurred in summer 2007. He asked the six-year-old child to touch and move his penis. The Circuit Court fixed a three-year headline sentence, reduced it to two years and ultimately suspended the final nine months for five years. He also received 18 months of post-release Probation Service supervision.
The Court of Appeal stressed that B.B. had been only 15 at the time. It also considered the opportunistic nature of the offence and evidence of a toxic, sexualised family environment in which he himself had experienced inappropriate sexual conduct involving his brothers.
Although the sentencing judge had correctly placed the offence in the lower range, the appeal court found the resulting sentence somewhat too severe. B.B. had been imprisoned since 26 January 2021. Instead of requiring him to remain in custody until his anticipated January 2022 release, the court ordered the balance suspended from 19 November 2021 on the existing terms, allowing time for probation arrangements.
A.A.'s appeal was unsuccessful. He was about 19 or 20 when he assaulted his six-year-old sister on haybales in a shed, removing clothing and placing his penis between her thighs before ejaculating while two brothers looked on.
The court said that offence was substantially more serious and contained humiliating features. It upheld his sentence of three-and-a-half years with the final year suspended, together with 18 months of post-release supervision.
The ruling therefore changes only B.B.'s sentence. A.A.'s sentence remains intact.