Roscommon man’s rape sentence ruled too lenient

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

The Court of Appeal ruled on 1 December 2014 that a Roscommon man’s eight-year sentence for raping his neighbour’s daughter was unduly lenient, following an application by the DPP. The proceedings were reported on 1 December 2014.

The man, who cannot be identified, had pleaded guilty to repeated rape and sexual assault a few days before the trial took place.

The victim was five years old when the first offence took place. Mr Justice Seán Ryan said the offences occurred between July 2004 and January 2008, when she was taken into the care of the Health Service Executive.

On 31 July 2013, Mr Justice Paul Carney sentenced the man to eight years’ imprisonment on each of 15 rape counts and five years’ imprisonment on each of five sexual-assault counts. All sentences were to run concurrently.

The appeal court president said the offences belonged at the highest end of the sentencing scale and that the sentencing judge had fallen into “grave error”. He said the sentencing judge had not discussed the facts because other proceedings concerning the victim were pending, leaving his reasoning unknown.

Counsel for the DPP, Caroline Biggs SC, described the child as particularly and extremely vulnerable. She said the mother had received 14 years’ imprisonment, with four-and-a-half suspended, and the father had pleaded guilty to similar offences.

The man’s existing sentence remained in place for the time being. A new sentence hearing was scheduled for 13 February 2015.