The Court of Appeal has reduced prison sentences imposed on M.C. for assaulting and sexually assaulting his former partner during a relationship marked by intimidating and controlling behaviour.
M.C. had pleaded guilty to assault causing harm and sexual assault. Harassment and false imprisonment charges were taken into consideration. Dublin Circuit Criminal Court imposed concurrent five-year terms in January 2014, with the final 18 months suspended.
The assault causing harm arose from a prolonged incident at the injured woman's home on 12 August 2012. The court recorded that M.C. repeatedly restrained her, pulled her by the hair, rammed her head against furniture, dragged her back inside when she tried to seek help and pinned her on a sofa. The false imprisonment formed part of that ordeal.
A separate sexual assault occurred on 13 November 2012 after the couple had reconciled and were attending counselling. Despite the woman repeatedly saying no, M.C. forcibly spread her legs and digitally penetrated her while restraining and attempting to kiss her.
On appeal, M.C. argued principally that the sentencing judge had over-assessed the seriousness of the offences and had not adequately reflected mitigation.
The Court of Appeal agreed that there had been an error in principle. For the assault, the original five-year starting point was the maximum available sentence and was excessive. The court assessed that offence in the medium-to-high range and fixed a headline sentence of three years and six months.
It assessed the sexual assault in the low-to-medium range. Although it involved digital penetration, violence and physical domination, it was relatively brief and caused no significant physical injury. The same three-and-a-half-year headline term was considered appropriate.
Taking account of M.C.'s early guilty pleas, previous good character, remorse, psychological issues and progress in prison, the court imposed concurrent three-and-a-half-year sentences, backdated them by 27 months and suspended the remaining unserved balance for two years subject to good behaviour and Probation Service supervision.