A man convicted of raping a 14-year-old girl twice and indecently assaulting her twice was given suspended prison sentences by the Central Criminal Court, which described his family circumstances as “wholly exceptional”.
N.C. was convicted by a jury on 21 February 2013 after a four-day trial. On 7 June, Mr Justice Garrett Sheehan imposed seven years’ imprisonment for each rape, suspended for five years, and two years for each indecent assault, suspended for one year. All sentences are concurrent. The suspensions were conditional on N.C. entering bonds to be of good behaviour for the relevant periods. The judgment said he could enter the bonds before the governor of the prison where he had been detained.
The offences took place between September 1985 and May 1986, when O.B. was babysitting for her older sister and N.C., who were married. The court said each incident happened after N.C. returned from a night drinking with his wife and mother-in-law. The assaults took place in O.B.’s bedroom in the family home. After the final incident, O.B. stopped babysitting and later told her sister she could not continue, without explaining why.
The prosecution sought a sentence in the eight-to-12-year range and cited the victim’s age, the number and duration of the offences, the breach of trust and the impact described in her victim impact statement. The court accepted those aggravating factors. Defence counsel argued that the offending fell within a lower sentencing category and asked the court to consider N.C.’s lack of previous convictions, work history, relationship and family responsibilities.
The judge identified seven years as the appropriate sentence for each rape before mitigation. He said N.C.’s age, absence of previous convictions and the 27 years since the offences supported a conclusion that he had self-rehabilitated and posed no risk of reoffending. The court said imprisonment would cause extreme hardship to his family, including children with significant care needs, and found that preserving and supporting the family unit served the family’s and society’s interests.
The judgment records that N.C. had been in custody since his conviction while awaiting sentence. The court ordered no post-release supervision, finding it was not required. The suspended sentences mean the court imposed prison terms but did not require N.C. to serve them immediately, subject to the stated bond conditions.