The Court of Appeal allowed F.P.’s appeal against the severity of his sentence and replaced it with two years’ detention, suspended in full for two years on condition that he keep the peace and be of good behaviour.
F.P. had pleaded guilty to sexually assaulting a female child on 25 May 2012. He was 15 at the time; the child was eight. Wicklow Circuit Court sentenced him to two and a half years’ detention, with the final six months suspended. The Court of Appeal judgment, delivered by Mr Justice Sheehan on 17 June 2016, said the maximum sentence for the offence was 14 years’ imprisonment.
The appeal court identified two errors in the sentencing judge’s approach. It said the judge’s remarks did not make clear why the offence was placed in the middle to upper range of available penalties or how the sentence was reached. It also found the judge had not demonstrated adequate consideration of section 96 of the Children Act 2001, including the principle that detention should be a last resort for children.
The court allowed the appeal and held a fresh sentence hearing. It accepted that the assault was serious and had serious consequences, while noting the appellant’s age when it occurred. The court said the case did not initially require him to serve time in detention, particularly given the rehabilitation programme he had undertaken with his parents’ support.
A final report from the Southside Inter Agency Treatment Team, provided at the appeal hearing, said F.P. had completed its programme and continued in the Youthreach Programme. The report described his regret and shame, and noted his family’s attendance and support. The court said there was no need for post-release supervision or special terms attached to a suspended sentence.
It concluded that the seriousness of the offending should still be marked by a sentence of detention, but that the sentence should be suspended. The substituted sentence was two years’ detention, suspended for two years on the usual conditions of keeping the peace and being of good behaviour.