The Court of Appeal varied a Central Criminal Court sentence to allow a teenage appellant to remain at Oberstown Detention Centre until 27 May 2018, avoiding a transfer to an adult prison and allowing him to pursue his Leaving Certificate exams.
The court did not overturn the finding of guilt or remove the custodial sentence. It changed when the unserved portion of the sentence would be suspended, applying the same terms and conditions as before. The judgment, delivered on 20 January 2017, was on an appeal against the severity of sentence.
The appellant, identified as E.H., had been sentenced on 22 July 2016 to four years’ detention, with the final 12 months suspended. He had pleaded guilty to 13 counts from a 41-count indictment involving rape, other sexual offences and exploitation of a child. The judgment says the complainant was his half-sister and that they had been raised as brother and sister. It records that the offences began when she was just short of nine and that E.H. was 14.
The appeal raised multiple complaints about the sentencing process, including whether sufficient weight had been given to E.H.’s age, prospects of rehabilitation, guilty pleas, remorse, alleged past abuse and the impact of possible transfer to adult prison. The Court of Appeal rejected the criticisms of the trial judge’s overall approach. It said the judge had been aware of the Children Act 2001 and had considered whether custody could be avoided, while recognising that detention should be imposed only if necessary and last no longer than required.
The appeal court’s concern was narrower: the sentencing judge had not received enough information about where E.H. would serve the sentence and how that should affect its structure. The court was told that transfer to an adult prison would ordinarily be expected on his 18th birthday, 28 November 2017. Further information showed that legislation allowed him to remain at Oberstown until 18 years and six months, to 28 May 2018. A report from Oberstown described him as making very good progress and studying Leaving Certificate subjects.
The court also considered his mother’s expressed wish that he remain at Oberstown. It said the sentence variation would maximise his time there and obviate the need for transfer to an adult prison. Under the order, the unserved portion of the sentence was suspended from 27 May 2018. The court noted that E.H. would leave Oberstown before the 2018 exams, but had been told he intended to sit seven subjects at a Dublin exam centre, with assistance to be provided for registration.