The Court of Appeal has substantially reduced the prison sentence imposed on Michael Farrelly for two offences of defilement of a child under 17 arising from sexual intercourse with a 16-year-old girl in Lucan and Clondalkin.
Farrelly, who was 27 at the time, pleaded guilty to both counts. Dublin Circuit Criminal Court sentenced him on 27 March 2015 to three years on each count, concurrently, with the final 12 months suspended.
The complainant was 16 years and nine months old when she first met Farrelly in person on 22 January 2013 after contact initiated by him on Facebook and an exchange of text messages. The judgment records that she disclosed her age to him in a text. They had sexual intercourse that day at his father’s home in Lucan and again on 4 February at Farrelly’s home in Clondalkin. Their relationship ended later that month.
Farrelly admitted the sexual activity when interviewed by Gardaí. He initially denied knowing the complainant’s age but later accepted that she had told him by text.
On appeal, his lawyers argued that the prison term was disproportionate and that a non-custodial sentence should have been imposed. They relied on his guilty plea, lack of relevant previous convictions, rehabilitation efforts and positive testimonials. The Court of Appeal noted that the sentencing judge had identified no aggravating factors, and it found none itself.
The appeal court held that the original judge had regarded a non-custodial sentence as a genuine possibility but had not fully evaluated that option before imposing what amounted to two years in custody.
The three-year sentence was therefore set aside. After considering testimonials, a positive prison governor’s report and evidence concerning Farrelly’s role as a father, the court imposed a 12-month sentence and suspended the unserved portion for two years on a €100 good-behaviour bond.