Judgment: 2015-11-05 · Court archive

Man sentenced to 17 years for false imprisonment of child near Laois home

The Circuit Court suspended the final four years for five years and imposed supervision and treatment conditions after the defendant pleaded guilty.

Circuit Court, Midland Circuit, Portlaoise · [2015] IECC 4

Who, what, where, when and why

Who
  • Keenan Johnson
What

The Circuit Court suspended the final four years for five years and imposed supervision and treatment conditions after the defendant pleaded guilty.

Where

Places mentioned in the report

  • Cullahill
  • Arbour Hill prison
When

Judgment:

Other dates in the report
  • 4 March 2015

    The judgment said that on 4 March 2015, the defendant approached the girl as she played near a motorway bridge at Cullahill and asked for directions. He then grabbed her and put her into a stolen Nissan X-Trail. Her brother intervened, punching the defendant and clinging to the driver’s door as the vehicle moved. The girl escaped, and the defendant fled. He was apprehended the next day.

Why

Reasons reported in the judgment

Judge Keenan Johnson said the offence was at the upper end of the scale because it involved the abduction of a child, force and an attempt to drive away with her. The court set a starting point of 20 years before considering aggravating and mitigating factors.

A man who pleaded guilty to falsely imprisoning a young girl near her family home in County Laois was sentenced to 17 years’ imprisonment, with the final four years suspended for five years, the Circuit Court ruled in November 2015.

Judge Keenan Johnson said the offence was at the upper end of the scale because it involved the abduction of a child, force and an attempt to drive away with her. The court set a starting point of 20 years before considering aggravating and mitigating factors.

The judgment said that on 4 March 2015, the defendant approached the girl as she played near a motorway bridge at Cullahill and asked for directions. He then grabbed her and put her into a stolen Nissan X-Trail. Her brother intervened, punching the defendant and clinging to the driver’s door as the vehicle moved. The girl escaped, and the defendant fled. He was apprehended the next day.

The judge said the children’s observations and the local community’s cooperation assisted the Garda investigation. The judgment records that the defendant denied involvement during eight hours of interviews and only admitted it after forensic testing found fibres from the girl’s clothes in the vehicle. He had 92 previous convictions, including convictions for sexual assault and child abduction, and was on bail on robbery charges when he committed the offence. The judgment states that no plea had yet been entered on those charges.

The judge treated the early guilty plea, the defendant’s difficult background and mental health issues, and his apology as mitigating factors. The court also considered the victim impact statement, which described the family’s loss of confidence and the girl’s fear after the incident.

The suspended portion is subject to a €500 bond to keep the peace and be of good behaviour. After release, the defendant must be supervised by the probation service for five years and follow directions concerning addiction and mental health. He must cooperate with mental health services for at least five years and, before release, complete the “Building Better Lives” programme at Arbour Hill prison or an equivalent, along with any other courses to support his release.

The judge also urged prison authorities to provide counselling and treatment and to have the defendant professionally assessed before release. The court said the sentence was for the offence before it and did not itself guarantee protection after release.

Read the original court judgment

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