Man who raped two children in Athlone loses sentence appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal dismissed an unnamed man’s appeal against discretionary life sentences for raping two children in Athlone. The proceedings were reported on 21 December 2015.

The 32-year-old, who cannot be identified for legal reasons, lured the girls from a children’s birthday party and threatened to cut their parents’ throats before repeatedly raping them. The offences against the nine- and six-year-old girls occurred in a flat in Athlone on 28 September 2013.

He had pleaded guilty at the Central Criminal Court to raping both children. Mr Justice Paul Carney sentenced him to life imprisonment on 3 March 2014. He appealed on the grounds that the sentence was excessive.

His barrister, Sean Gillane SC, acknowledged the case’s “nightmarish aspects” but argued that his assistance warranted a different sentencing approach. Counsel said the man made full admissions before leaving the Garda station following legal advice. No medical notes, disclosure or recordings of the victims’ interviews were sought, and his solicitor indicated a willingness to proceed on a signed guilty plea without a book of evidence. Counsel said the plea and acknowledgment of wrongdoing pointed towards rehabilitation.

For the Director of Public Prosecutions, Patrick McGrath SC said a prolonged campaign of abuse was not necessary to justify life imprisonment. He argued that the absence of a relationship with the victims should not benefit the man and described the early plea as the only mitigating factor.

Giving judgment on 21 December 2015, Mr Justice George Birmingham said the abduction and rapes made the offences exceptional. The court could not conclude that the sentencing judge had erred in imposing discretionary life sentences. Sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, he dismissed the appeal.