The Court of Appeal reduced Sean Carraher’s sentence for harassing a Garda sergeant from five years to three years’ imprisonment, suspending the final 18 months for 18 months after release subject to conditions.
In its judgment delivered on 11 June 2018, the court said a significant custodial sentence was required. It placed the offence in the mid range of gravity, rather than the “well on the higher end of the scale”, and concluded that five years was not warranted.
Carraher had been convicted after a six-day Circuit Criminal Court trial of harassing Sergeant Conor Gilmartin, contrary to section 10 of the Non-Fatal Offences Against the Person Act 1997. He was convicted on 14 June 2016 and sentenced to five years on 27 July 2016. His appeal against conviction had been dismissed by the Court of Appeal on 10 May 2018; the judgment concerned his sentence appeal.
The judgment said the prosecution alleged that the harassment ran from March 2009 to May 2011 and involved abusive telephone calls and 58 internet postings on three websites. The postings included allegations that the sergeant was corrupt and references to his family life. Carraher admitted making the postings, saying they were an exercise of freedom of expression, but denied making the calls. The judgment said he had earlier been convicted of harassing his former wife and received a six-month suspended sentence. It noted an association between that offence and the current one.
The Court of Appeal said the impact on the complainant and his family was considerable and that the conduct continued for more than two years. It also stressed that defamatory material posted online can be difficult to control or remove. The court credited Carraher’s serious efforts to remove the material, which had succeeded to a significant degree, and cited mitigating factors identified by the Circuit Court and an impressive prison report on his participation in educational courses.
The replacement sentence was three years, backdated to 14 July 2016. The final 18 months were suspended for 18 months after release, on condition that Carraher enter a €100 bond to keep the peace and be of good behaviour, and not post or share any online reference to Sergeant Gilmartin or any member of his family.