The Court of Appeal has upheld five-year prison sentences imposed on Peter Clarke for separate sexual assaults on girls aged 15 and 10 in Carrickmacross.
Clarke pleaded guilty in October 2012 to two offences under section 2 of the Criminal Law (Rape) (Amendment) Act 1990. He was sentenced in January 2013 to five years' imprisonment on each offence, backdated to 11 September 2011, and ordered to cooperate with the Probation Service for seven years after release.
The first assault occurred on Carrickmacross main street on 12 May 2011. Clarke approached a 15-year-old schoolgirl from behind, grabbed her and touched her stomach and genital area. In Garda interview that day, he admitted choosing her because she was alone and said he knew she was frightened and that his conduct was wrong.
The second offence occurred outside St Joseph's Church on 10 September 2011. Clarke approached a 10-year-old girl among a group of people and touched her buttocks and genital area over her clothing.
Clarke, who was 68 when sentenced, argued that the trial judge had failed to give proper weight to his guilty pleas and medical evidence concerning his intellectual and neurological difficulties. He also challenged the judge's approach to gravity, remorse and the risk of future offending.
The Court of Appeal criticised the trial judge's repeated description of Clarke as a "dirty old man", calling it derogatory and unfortunate. However, it did not consider those remarks evidence that the sentencing exercise itself was improper.
Medical reports described Clarke as having borderline intellectual functioning, possible frontal-lobe difficulties and longstanding sexually inappropriate behaviour. The appeal court noted evidence of a very high risk of sexual reoffending, with medication and post-release supervision identified as the main means of reducing that risk.
The court held that significant custodial sentences were unavoidable and that the terms imposed were not unduly severe. The appeal was refused.