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Sexual offences court reports

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2020-09-24 · Dublin

Addict 'not receiving any coins' due to Covid turned to robbery

In a Dublin Circuit Criminal Court hearing, 25‑year‑old Gerard Dempsey pleaded guilty to robbery after stealing a woman's phone to fund his drug habit. Dempsey, who has no fixed abode and sleeps rough in Dublin 1, said he had not been receiving money from charity due to Covid‑19, which had disrupted his usual source of revenue. On 18 May 2020, while the victim was walking home from a pub, Dempsey followed her, grabbed her shoulder, pulled her to the ground, and attempted to take her phone. He also made an unintentional contact with her privates, which the victim did not consider a sexual offence. Dempsey admitted the offence, claimed withdrawal symptoms, and had 57 prior convictions. Judge Patricia Ryan ordered a probation report, recommended psychiatric assessment, and adjourned the case to 13 November for finalisation.

2020-09-22 · Dublin

Man appeals conviction for sexual abuse of step-daughter in 1970s

An unnamed 71-year-old man has appealed his conviction and sentence at the Court of Appeal. He was convicted in March 2019 by a jury at Dublin Circuit Criminal Court of 72 counts of indecent assault, allegedly committed against his step-daughter between 1973 and 1979. The appellant, who denied the charges, was sentenced to ten years' imprisonment. Counsel Mr Paul Greene SC argued the appeal on five grounds, including a 42-year delay in prosecution, the trial judge's refusal to remove certain counts, and inadequate jury warnings regarding delay and corroboration. He further claimed the trial was unfair due to late-emerging evidence not in the Book of Evidence and issues concerning the victim's mother's whereabouts. The State, represented by Mr Diarmuid Collins BL, countered that no new witnesses could provide detail on the intimate nature of the abuse and that the appellant was not prejudiced by the delay. The three-judge panel, presided over by Mr Justice John Edwards, reserved its decision for a maximum of two weeks before an electronic judgment is released. The matter remains pending and has not been finalised.

2020-09-22 · Dublin

Rapist father who claimed daughter initiated sex fails in appeal

In September 2020 the Central Criminal Court dismissed a 53‑year‑old Nigerian‑born father's appeal against an 11‑year prison sentence for raping his daughter from age nine to fourteen. The judge had originally set a headline sentence of 15 years, reduced to 13 years after considering the defendant's guilty plea and personal history, and suspended two years on the condition of sex‑offender treatment. The father claimed the daughter had initiated the sexual acts and denied enjoyment, but the victim's impact statement described repeated weekly rapes, fear, and control. The appeal argued the sentence was "unduly harsh" and did not reflect the defendant's remorse, but the court found no error and upheld the custodial term, noting the seriousness of the repeated child rape. The case highlighted the father's lack of insight and the victim's courage in reporting the abuse.

2020-09-21 · Dublin

Jury clears man on charges of abusing two nieces

A jury in Dublin acquitted a 62‑year‑old man of seven charges of abusing his two nieces in the 1970s. The defendant denied molesting an older niece from age eight to twelve and a younger niece from five to seven. He had pleaded not guilty to ten counts of indecent assault on the older niece at his former address and other Dublin locations between 4 January 1972 and 3 January 1979, and to two counts of indecent assault on the younger niece at his former address and in a car between 6 November 1975 and 5 November 1977. After deliberating for five hours and 32 minutes, the jury returned not‑guilty verdicts on the seven counts. They could not reach verdicts on three counts relating to alleged assaults on the older niece; Judge Sinéad Ní Chúlacháin had directed a not‑guilty verdict on two of those.

2020-09-21 · Mayo

Jail term cut for abuse of young girl

A man from Claremorris in County Mayo has had his prison sentence reduced following a successful appeal against its severity. Mark Walsh, now aged 32, was originally sentenced to five years imprisonment, with the final year suspended, at Castlebar Circuit Criminal Court in October 2019 after pleading guilty to six counts of sexual assault against a young girl committed between 2006 and 2010. The Court of Appeal today reduced his sentence to four years imprisonment with the final year suspended. The three-judge panel found that the sentencing judge had failed to adequately consider Walsh's age at the time of the offences, when he was between 17 and 18 years old. The court also determined that the headline sentence of six years had been set too high and that significant mitigating factors had not been properly weighed. Walsh's sentence is now to be suspended for a period of three years.

2020-09-18 · Westmeath

Father gets more jail for rape of daughter

The Court of Appeal has increased the prison sentence of Oliver Berry, a 63-year-old father from Mullingar, Co Westmeath, from ten to 13 years for the rape and sexual assault of his daughter, Jennifer Berry. In November 2018, a jury at the Central Criminal Court convicted Berry of 105 counts of raping and sexually assaulting his daughter between December 1982 and December 1994, when she was aged seven to 19. Berry, who pleaded not guilty to all charges, maintains his innocence and has a separate application before the Court of Appeal against his conviction. The Director of Public Prosecutions appealed the original ten-year term, arguing it was too lenient given the severity of the offences, which included rape during the victim's pregnancy. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge had erred by giving undue weight to mitigating factors such as Berry's age and lack of previous convictions. The court ruled that the original reduction from a headline sentence of 15 years was disproportionate. Consequently, the actual custodial sentence was increased to 13 years. Jennifer Berry waived her right to anonymity to allow her father to be publicly named in the proceedings.

2020-09-17 · Dublin

Abuse accused takes to stand at trial

In a Dublin Circuit Criminal Court trial, a 62‑year‑old man accused of abusing his two nieces appeared at the stand and denied the allegations. He denied molesting the older niece from age eight to twelve and the younger niece from five to seven, and denied any sexual assault in a hay barn, car, motorbike or woodland area. He pleaded not guilty to ten counts of indecent assault against the older niece at his former address and other Dublin locations between 4 January 1972 and 3 January 1979, and to two counts against the younger niece at his former address and in a car between 6 November 1975 and 5 November 1977. He said he first learned of the allegations when Gardaí contacted him in 2016, and denied saying "it is time to put this to bed." The trial continues before Judge Sinéad Ní Chúlacháin and a jury.

2020-09-16 · Dublin

Uncle accused of abuse used kitten ruse, complainant tells trial

In a Dublin Circuit Criminal Court hearing, a 62‑year‑old man accused of abusing his two nieces denied molesting either sister. He pleaded not guilty to ten counts of indecent assault against the older niece and two counts against the younger. The younger sister testified that, when she was five or six, the accused had taken her to a wooded area under the pretense of showing her kittens, after which she was forced to lie on the ground with her underwear pulled down. She claimed the man was above her with an erection and told her she could touch it, but she refused. She later told her mother that no kittens were present. The sister also recounted an incident in a car where the accused allegedly wiped her legs with a tissue, claiming it was bird spit but later realizing it was sperm.

2020-09-15 · Dublin

Man goes on trial accused of abusing nieces in 1970s

A 62‑year‑old Dublin man has gone on trial at the Dublin Circuit Criminal Court for alleged indecent assault of his two nieces during the 1970s. He denies molesting the older niece when she was eight to twelve years old and the younger niece when she was about five. The prosecution, led by Philip Rahn BL, claims the abuse began in 1972 when the accused was a teenager and living with his mother at a Dublin address. He faces ten counts of indecent assault of the older niece at that address and other Dublin locations between 4 January 1972 and 3 January 1979, and two counts of indecent assault of the younger niece at the same address and in a car between 6 November 1975 and 5 November 1977. The unnamed 62-year-old pleaded not guilty.

2020-09-14 · Dublin

Self-isolating judge directs jury from home

Judge James McCourt, who had close contact with a Covid‑19 case, directed a jury from his home via video link to the Criminal Courts of Justice in Dublin. He informed the jury that he was socially isolating after the contact tested positive, and that he himself had tested negative. The trial concerns two brothers accused of repeatedly indecently assaulting their younger brothers between 1979 and 1988. One complainant testified that he was raped up to 1,200 times over several years. The trial began last week; the jury started deliberations on Thursday but were sent home on Friday because Judge McCourt was absent. The brothers, aged 55 and 50, have pleaded not guilty to 35 and 16 sample counts respectively. The jury, composed of seven women and five men, resumed deliberations this morning. The defendants are not named to protect the complainants' anonymity. The alleged abuse took place at the family home in Dublin. The trial is ongoing.

2020-09-14 · Dublin

Father has jail term cut for abusing daughter

The Court of Appeal reduced a 69‑year‑old man's eight‑year jail sentence for five counts of indecent assault on his daughter, who was aged nine to ten when the offences occurred between 1985 and 1986. The original nine‑year sentence, with the last 12 months suspended, was imposed by the Dublin Circuit Criminal Court after the man pleaded guilty to touching and penetrating his daughter's vagina and forcing her to touch his penis. The appeal argued that the sentencing judge had erred by not hearing mitigating factors such as the man's poor health, alcohol addiction, lack of prior convictions, low risk of re‑offending and his own childhood abuse. The Court of Appeal agreed that the sentence was "disproportionate to a limited extent" and reduced it to eight years, keeping the final 12 months suspended. The case remains at the appellate stage.

2020-09-10 · Dublin

Abuse allegations 'concocted' due to family will dispute, defence says

A trial at Dublin Circuit Criminal Court is ongoing regarding allegations of historical sexual abuse by two brothers against their younger siblings. The accused, referred to as 'Unnamed accused,' 'eldest brother,' and 'His brother,' are alleged to have indecently assaulted their younger brothers between 1979 and 1988. All three defendants have pleaded not guilty to the charges. The eldest brother faces 35 sample counts of indecently assaulting his two younger brothers between 1979 and 1985, while 'His brother' faces 16 sample counts of indecently assaulting the youngest brother between 1985 and 1988. The trial has heard that one of the complainants alleged he was raped up to 1,200 times over several years. The defence has argued that the allegations were concocted due to a family will dispute. The jury has begun deliberations and will resume on Friday. The case is at the trial stage with no findings, sentences, or finalisations yet determined.

2020-09-08 · Dublin

Complainant tells trial he remembers being abused at 6 months old

In a Dublin Circuit Criminal Court hearing, two brothers faced charges of indecent assault against their younger siblings, with allegations spanning up to 41 years. One complainant, aged 45, claimed his older brothers, aged 55 and 50, abused him from infancy. He recounted that at six months old, the eldest brother lifted him from a pram and molested him, and later forced him to perform oral sex. The complainant said the abuse was constant by age eight and that the brothers' word was considered gospel in the family. He also mentioned telling a child and family agency worker about memories of being in the womb, though he did not disclose that he had recovered some memories through hypnosis. The 55‑year‑old accused pleaded not guilty to 35 sample counts of indecent assault between 1979 and 1985, while the 50‑year‑old pleaded not guilty to 16 sample counts between 1985 and 1988.

2020-09-07 · Dublin

Complainant alleges he was raped '1,000 to 1,200' times

Two men are currently on trial in the Circuit Criminal Court, accused of indecently assaulting their younger brothers on dates up to 41 years ago. The first accused, a 55-year-old Meath man, pleaded not guilty to 35 sample counts of indecently assaulting his two younger brothers between 1979 and 1985. The second accused, a 50-year-old Dublin man, pleaded not guilty to 16 sample counts of indecently assaulting one of the brothers between 1985 and 1988. Neither man can be named for legal reasons. The trial heard that the first complainant, now 45, alleges he was sexually abused by both brothers at the family home in Dublin. He claims the abuse began when he was three and escalated to anal rape, alleging he was raped "1,000 to 1,200 times" over several years. The complainant stated he first made complaints in 2015, after his parents died, and denied that the allegations were motivated by a dispute over his mother's estate. The second complainant is also an applicant in the case. The matter is at the trial stage and has not been finalised; the proceedings continue before Judge James McCourt.

2020-07-31 · Ireland

Jury deliberating in rape trial

The jury has begun deliberations in the Westmeath rape trial of a 33‑year‑old man. He pleaded not guilty to raping a woman he met at a New Year's Eve ball at a GAA clubhouse. The complainant, who was visiting a friend, said she had no choice but to stay at the accused's house after the ball. She claimed they kissed, she told him there would be no sexual activity, but he entered his home, attacked and raped her in the front sitting room. The accused maintains the encounter was consensual and that he apologized after the act, not admitting guilt. The prosecution's closing speech highlighted the complainant's account of a violent attack and medical evidence of bruising, while the defence argued inconsistencies in the complainant's statements and witnesses. The jury will return on Tuesday for further deliberations.

2020-07-31 · Monaghan

'Monster' jailed for sex assaults on grandchildren

A 67-year-old Co Monaghan farmer has been sentenced to eight years imprisonment, with the final two years suspended, following his conviction for sexual assaults on his grandchildren. Dublin Circuit Criminal Court heard the abuse came to light in late 2014 when one child disclosed to her mother that her grandfather had exposed her to explicit material before committing a sexual assault. Two further grandchildren subsequently reported similar offences during sleepovers at his home. The man initially denied the allegations and attempted to shift blame to another family member. Judge Patricia Ryan described the victim impact statements as harrowing, noting the offences represented a profound breach of trust within a family setting where the children should have been safe. She acknowledged his previously good character but imposed the custodial sentence reflecting the severity of the crimes and their lasting impact on the victims.

2020-07-31 · Louth

Tinder rapist Nevin has jail term increased

Patrick Nevin, a 38‑year‑old serial sex offender, had his 12‑year jail term increased by two and a half years after an appeal by the State. Nevin had attacked three women he met on Tinder in July 2014, raping one in Bellewstown and assaulting two others in County Meath. He had previously been sentenced to five and a half years for a third assault at UCD. The Court of Appeal found the original 14‑year sentence for the rape and eight‑year sentence for the assault too lenient, noting aggravating factors such as the rapid succession of attacks, premeditation, and a prior conviction for threatening to kill a woman. The court substituted a 10‑year sentence for the rape, made the rape and assault sentences consecutive, and suspended the final three and a half years, raising Nevin's net sentence to 14½ years. The probation period remains five years post‑release. Victims and Nevin attended the hearings remotely.

2020-07-30 · Louth

Alleged 'IRA man' refused more time to appeal rape convictions

An alleged IRA member, Seamus Marley, aged 46, was convicted of raping two teenage boys in County Louth in the early 1990s. A Central Criminal Court jury found him guilty on six counts of sexual assault and two counts of rape after a six‑day trial in May 2019, and Mr Justice Paul McDermott sentenced him to seven years' imprisonment. Marley attempted to appeal his conviction outside the 28‑day window normally required after sentencing. His barrister, Michael Bowman SC, applied to the Court of Appeal for an extension, arguing that Marley had misunderstood the timing of his appeal and had been advised to wait until after sentencing. The Court of Appeal, hearing the application on the grounds of delay and the interests of the victims, ruled that there was no reasonable prospect of success and refused the extension, citing the need for finality in criminal proceedings.

2020-07-30 · Dublin

Health care assistant raped pensioner in nursing home bed

In a nursing home in County Dublin, a 52‑year‑old health‑care assistant raped a pensioner in her room at 3 am on 3 April 2020 during the Covid‑19 lockdown. The victim was found in distress the next morning, taken to a sexual‑assault treatment unit where semen was recovered and matched to the accused. The man was arrested on 14 April, denied the allegation, and pleaded guilty at the Central Criminal Court. Mr Justice Paul McDermott sentenced him to 12 years' imprisonment, suspending the final year on strict conditions. The court heard the victim's daughter's impact statement, describing the mother's ongoing fear, depression, nightmares and post‑traumatic stress, and the family's inability to comfort her due to lockdown restrictions. The case highlighted the breach of trust by a qualified healthcare worker and the severe psychological harm inflicted on the elderly victim.

2020-07-29 · Westmeath

Rape accused tells jury he didn't cause complainant's injuries

In a Central Criminal Court hearing, a 33‑year‑old Westmeath man pleaded not guilty to a rape charge stemming from an alleged incident on 1 January 2017. The complainant, who had been invited to the accused's home after a New Year's Eve ball, claimed she had told him no sexual activity would occur, yet he allegedly raped her in the front sitting room. The accused denied all allegations, asserting that any sexual activity was consensual and that he did not cause the injuries found on the complainant's body. He repeatedly stated "that is not true" when confronted with evidence of bruising, abrasions and tenderness noted by a medical examiner. The jury heard the accused's testimony that he had no violence during the encounter and that he had not caused the injuries. The case remains at the trial stage, with no verdict yet reached.

2020-07-29 · Dublin

Serial abuser Patrick Kelly further sentenced for sex assaults on teen girls

Patrick Kelly, 52, was sentenced to two years' imprisonment by Judge Melanie Greally at Dublin Circuit Criminal Court for sexually assaulting two teenage girls while he was their Taekwon-Do instructor. The victims, now aged 20 and 23, waived anonymity and provided victim impact statements. Kelly had previously been convicted in December 2017 of sexual assault and exploitation of two children, receiving a nine‑year sentence, and in the Central Criminal Court a consecutive four‑year term for rape, sexual assault and exploitation of a girl he met at a bus stop. The new sentence follows Kelly's guilty pleas to three offences: forcefully kissing and grabbing the first victim's bottom in mid‑2014, and grabbing, kissing and touching the second victim's bottom between July 2011 and July 2012. Judge Greally noted the abuse's devastating impact, Kelly's lewd text‑message conduct, and the victims' lasting fear and loss of trust.

2020-07-29 · Dublin

Brother appeals conviction for rape and abuse of sister

In 2016, a 37‑year‑old Dublin man was tried at the Central Criminal Court for raping and abusing his younger sister over several years while she was a child. He pleaded not guilty to 48 counts, including rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005. The jury found him guilty. The victim, who is unnamed to protect her identity, described how the abuse began when she was ten, describing the experience as a "black hole of uncertainty, fear and terror." She said her family changed forever and that her parents became "shadows" of themselves after the court proceedings. Justice Isobel Kennedy sentenced him to 11 years' imprisonment. He has now appealed his conviction to the Court of Appeal, arguing that the trial judge erred by not warning the jury about the dangers of convicting on uncorroborated evidence.

2020-07-29 · Dublin

On-the-run sex offender caught after mugging

In July 2020 a 26‑year‑old man, previously convicted of sexual assault, was brought before the Central Criminal Court after he had been on the run for 18 months. He had been found guilty in his absence in December 2018 of 14 counts of sexually assaulting his cousin between 2008 and 2011, and a seven‑year sentence had been imposed. In November 2019 he was arrested for robbing a 62‑year‑old woman on Fitzgibbon Street, where he punched her and stole her handbag. He pleaded guilty to the robbery. Judge Sarah Berkeley imposed a consecutive four‑year term, with the final year suspended, after hearing the victim's impact statement and noting the defendant's drug and alcohol influence. The man is due for release from Midlands Prison on 8 February 2025. The victim suffered minor head injuries and psychological distress, and now feels nervous walking to work. The unnamed 26-year-old pleaded not guilty.

2020-07-29 · Dublin

Man's rape conviction quashed without contest after new evidence emerges

In July 2020 the Court of Appeal quashed the conviction of a 25‑year‑old Dublin man for gang rape after the defence presented new evidence that the complainant had made other sexual allegations before the 2014 incident. The Director of Public Prosecutions did not oppose the application, and no retrial was ordered. The man had been jailed for four years in 2017 after a four‑day trial at the Central Criminal Court, where a jury found him guilty of raping a woman with two other men at a Dublin house. He had received a six‑year sentence with the final two years suspended. The appeal was brought by his barrister, Caroline Biggs SC, who also indicated a reservation regarding compensation under Section 9 of the 1993 Criminal Procedure Act. The court made no further orders beyond quashing the conviction. The unnamed 25-year-old pleaded not guilty.

2020-07-28 · Dublin

Decision taken not to prosecute indecent assault accused in 1980s, High Court told

A man, who was a teenager in the 1980s, has challenged the High Court to stop his prosecution for 18 counts of indecent assault. The alleged offences involved a girl under four years old, who said the assaults took place at the accused's home while she was being minded by his mother. She made a statement to the Gardai in 2016. The accused was questioned, arrested and charged last year, and was sent forward for trial before the Circuit Criminal Court in 2021. He argues that a decision not to prosecute was made in the mid‑1980s and that a delay has breached his constitutional right to an expeditious trial. He also claims that the matter was investigated by the Health Board, the Sexual Assault Treatment Unit and the Gardai, and that no prosecution was brought in the mid‑1990s.

2020-07-28 · Ireland

Rape accused tells trial that complainant made no reference to sex

In a Westmeath rape trial, a 33‑year‑old man pleaded not guilty to a single charge of raping a woman he met at a New Year's Eve ball. The complainant, who was visiting a friend, said she had planned to stay overnight at the friend's house after the ball. She met the accused, they kissed, and she later accepted an invitation to his home. She claimed she told him there would be no sexual activity, but he allegedly attacked her and raped her in his front sitting room. The accused testified that they had consensual sex for about 20 seconds before she said "stop," after which he stopped and she became upset. He described drinking six pints and three shots of Sambuca, kissing her, and asking her to come home, claiming he intended to have sex.

2020-07-28 · Dublin

Paedophile has jail term cut

In a 2020 Dublin Circuit Criminal Court case, a 48‑year‑old paedophile was convicted of 25 counts of sexual assault against his nieces, who were six or seven when the abuse began. He abused one sister during overnight stays at his home from about age six to twelve, and the other sister when she stayed with him. Judge Martina Baxter sentenced him to eight years, suspending the final year. The defendant, a father of two, appealed the sentence's severity, arguing that the judge had not credited the time he had already spent in custody. The Court of Appeal, presiding with Justices George Birmingham, Patrick McCarthy and Isobel Kennedy, found that the judge had not explained her discretion. Consequently, the court back‑dated the sentence to the date the defendant entered custody, five months before his sentencing, thereby reducing the effective custodial period. The case remains at the appellate stage, with no further verdict announced.

2020-07-28 · Dublin

Abuser secretly filmed step-daughter

A 50-year-old Dublin man has been sentenced to six years and nine months imprisonment at Dublin Circuit Criminal Court for sexually abusing his step-daughter and secretly recording her in the bathroom. The man pleaded guilty to sexual assault, producing child pornography, and distributing child pornography between 2014 and 2016. A search of his home uncovered 96 videos and 82 images of child abuse material across two devices. The recordings were sent to another man in Donegal. Judge Elma Sheahan noted the deliberate nature of the concealed camera, hidden inside a clock, and described it as a continuation of the abuse itself. The victim, who was aged 12 or 13 at the time of the assault, delivered an impact statement describing lasting psychological harm. The final nine months of the sentence have been suspended on condition of two years' probation supervision following release.

2020-07-27 · Galway

Boy who raped and blackmailed cousin gets suspended sentence

In a Central Criminal Court hearing, an 18‑year‑old teenager pleaded guilty to sexual exploitation of two cousins and the anal rape of one in 2015‑2016. The judge, citing the case's difficulty and the boy's disgraceful conduct, initially considered a five‑year custodial term but ultimately imposed a three‑year suspended sentence, contingent on completion of a therapy programme. The court noted the boy's progress in therapy and probation, and ordered monitoring of his smartphone to prevent further exposure to pornography. The boy's apology, expressed in a letter, acknowledged regret and a promise to change. No victim impact statements were filed, and the court emphasised the seriousness of the offences and the need for continued supervision.

2020-07-27 · Wicklow

Child rapist says he would be in danger if identity published

In a High Court hearing, a 55‑year‑old convicted child rapist told Judge Tony Hunt that publishing his identity would endanger him. He had pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons, aged under ten, over a decade from 1993. In March 2016, Judge Hunt sentenced him to 21 years' imprisonment, suspending the final five years. The victims had requested to waive their statutory anonymity so the defendant could be named publicly, but Judge Hunt stayed the waiver because related cases involving the same victims and two other accused were pending in Wicklow Circuit Criminal Court. He noted that publicity of the 2015 convictions would hinder jury selection for those trials. The judge assured the DPP that anonymity could be lifted after the Wicklow trials concluded. The defendant, who has since changed legal representation, expressed fear that a waiver would put him in danger and is currently in therapy.

2020-07-24 · Westmeath

Rape accused said he stopped having sex 'the second she asked me to stop'

In a Central Criminal Court trial, a 33‑year‑old Westmeath man denies raping a woman who returned to his home on New Year's Day 2017. He claims the sexual activity was consensual, stating he stopped after she said "stop" about 20 seconds into penetration. The accused says he apologized and tried to calm her, and that she later apologized for coming back. The woman testified she felt she had no other option to stay with him, citing a dead mobile phone and lack of a friend to stay with. She alleged she was raped from behind after he pulled her clothes off, and showed scrape marks on her stomach. Gardaí interviewed the accused three days after the alleged rape, and he admitted the possibility of anal penetration. The trial continues with the jury hearing both sides' statements.

2020-07-24 · Cork

Man who was teen when he raped sleeping woman brings appeal

Patrick O'Driscoll, aged 22, was convicted in March 2019 by a Central Criminal Court jury in Cork of raping a sleeping woman on 10 May 2016. The sentencing judge, Mr Justice Michael White, noted O'Driscoll's denial of the charges, lack of remorse, extreme drunkenness that night, and mitigating factors of his young age and personal circumstances. The judge set a headline sentence of ten years, reduced to seven years. O'Driscoll has now appealed both his conviction and the severity of the sentence in the Court of Appeal. His barrister, Siobhan Lankford SC, argues the headline sentence was too high and that a portion should have been suspended given his age and circumstances. The Director of Public Prosecutions, Tim O'Leary SC, supports the judge's 30 % reduction. The Court of Appeal will decide in September.

2020-07-23 · Westmeath

Complainant tells trial she didn't think rape accused's family would help her

An alleged rape victim, aged 33, testified at the Central Criminal Court that she did not seek help from the accused's mother and sister because she did not believe they would assist her. The victim, who was 33, was staying at a friend's house after a New Year's Eve party at a GAA clubhouse. She agreed to return to the accused's home to sleep, but the accused allegedly attacked and raped her minutes after arrival. She claimed she fell asleep on the couch, woke to find the accused still awake, and heard the accused's mother and sister speaking in a room. She said she repeatedly pleaded for a ride home, and the accused promised to drive her after the family left. The trial continues before Mr Justice Paul McDermott and a jury. The accused, a 33‑year‑old Westmeath man, denies the rape. The victim's medical evidence showed bruising consistent with a forced assault. The case remains in trial.

2020-07-22 · Dublin

Alleged rape victim tells jury she set 'clear boundaries'

In a Central Criminal Court trial, a 33‑year‑old Westmeath man faces a single rape charge. The alleged victim, a 25‑year‑old woman, testified that she had set clear boundaries before returning to the defendant's home after a night out. She described drinking Prosecco, beer, and shots of Sambucca at a GAA club, then kissing the defendant. After about 25 minutes she decided to leave, but the defendant invited her to stay. She accepted, stating she only wanted to sleep there and repeated that she did not want to engage in any sexual activity. The defendant allegedly forced her to remove her clothing, then anally raped her for about two minutes. She denied any consent. The case is ongoing before Mr Justice Paul McDermott and a jury.

2020-07-21 · Ireland

Man alleged to have raped woman after meeting her in GAA club

A 33‑year‑old Westmeath man is accused of anally raping a woman in his home after they met at a GAA club on New Year's Eve 2016. The alleged assault took place on 1 January 2017. The man pleaded not guilty at the Central Criminal Court. Prosecutor Orla Crowe SC told the jury that the woman and a friend attended the club, met the accused, and were taken to his house where the alleged rape occurred. The woman reportedly asked him to stop, struggled, and was left on a couch. She stayed in the house that night, was taken to her friend's house the next morning, and reported the incident to Gardaí the following day. The trial is proceeding before Mr Justice Paul McDermott with a jury of five women and seven men.

2020-07-21 · Ireland

Teenage boy who repeatedly raped nephew (8) receives suspended sentence

A 15‑year‑old boy was given a two‑year suspended sentence after pleading guilty to repeated oral and anal rape of his eight‑year‑old nephew between June and September 2017. The nephew's mother reported the abuse to Gardaí, and the boy initially denied the allegations before admitting them. The court noted the boy's exposure to adult pornography on his smartphone and his social isolation, and his lawyer argued that he was socially and emotionally immature. Mr Justice Michael White deferred a three‑year detention, instead ordering the boy to be supervised by a probation and welfare officer and to comply with conditions set by the Probation Service. The suspended sentence is conditional on good behaviour, peace, and supervision of the boy and his nephew during family gatherings, with notification to Gardaí if the boy travels abroad. The boy and his mother have since left Ireland. The nephew's father acknowledged the impact of the abuse on the family.

2020-07-21 · Dublin

'I would have killed the bastard': court hears of arrest of murdered man's father

In a Special Criminal Court hearing, Stephen Little, 47, and Edward McDonnell, 56, were charged with unlawful possession of a Grand Power G9 semi‑automatic pistol and intent to endanger life. The case stemmed from a gun seizure on a Dublin estate on 14 September 2019. Gardaí recovered a loaded handgun under the passenger seat of an Audi, along with a red petrol can, a long‑handled lighter, two balaclavas, two baseball caps, and two pairs of gloves. Little's son, Sean, 22, had been shot dead in May 2019, an event that prompted Little to make a statement to police that "had you given me another hour I would have killed the bastard that killed him." McDonnell denied knowledge of the firearm. Both men were remanded in custody pending sentencing on 31 August. The court noted that Little had one prior traffic offence and McDonnell had 47 prior convictions, including robbery, sexual assault and assault causing harm. Stephen Little pleaded guilty. Edward McDonnell pleaded guilty.

2020-07-20 · Ireland

12-year sentence for man who raped and abused vulnerable stepdaughter

In a Central Criminal Court hearing, a 41‑year‑old foreign national was sentenced to 12 years for raping and sexually abusing his vulnerable 16‑year‑old stepdaughter between 2015 and 2018. He pleaded guilty to 12 counts of rape, 12 of oral rape, 11 of exploitation and six of producing pornography, representing 288 charges. The abuse included daily rape, forced video recordings with a sex toy, and threats of publishing the material. The victim, who had been in State care since 2019, now has supervised access with her mother. Mr Justice Paul McDermott suspended the final year of the sentence, imposed a five‑year post‑release supervision order, and required the offender to engage with the Probation Service and sexual offender treatment for a year in custody and a year after release. The court described the conduct as appalling, degrading and humiliating, noting the victim's fear and the lack of protection from her mother.

2020-07-16 · Dublin

Judge praises victim's 'beautifully composed expression of darkness' as caretaker is jailed for abuse

Gerard Lennon, aged 76, was sentenced to 15 months' imprisonment for indecent assault on a 12‑year‑old boy at St Patrick's National School, Drumcondra, in 1978. Lennon had previously been convicted of indecent assault on four boys between 1969 and 1980 and had served a four‑year sentence in 1999. In the 1978 incident, the victim was lured into a storage room, had his trousers removed, and Lennon masturbated while repeatedly asking the boy if it felt good. The victim's impact statement, read by Garda Anita Brannigan, described the assault as having derailed his life and left him feeling as though he had let himself and his family down. Judge Melanie Greally noted the breach of trust, the victim's youth and innocence, and the profound effect on the boy, and imposed a 15‑month term, the maximum for the offence at the time.

2020-07-16 · Dublin

Father-of-three's appeal against rape conviction focuses on consent

The 38‑year‑old father of three has appealed his rape conviction after being sentenced to eight years' imprisonment, with 18 months suspended, for raping a woman on a Dublin beach. The victim, who met the defendant online, was unaware of his partner and children until the trial. He pleaded not guilty to rape and sexual assault on 29 October 2015; a jury found him guilty of rape but not sexual assault. Justice Tara Burns highlighted that every woman can withdraw consent at any stage and that the defendant's alleged consensual acts before the rape did not support his defence. The appeal, led by Michael Bowman SC, focuses on alleged errors in the judge's directions on consent, arguing the jury was not properly instructed on the defendant's subjective perception. The Court of Appeal has reserved judgment, with a decision expected in the coming weeks.

2020-07-13 · Ireland

Girl sexually abused by three brothers in 'highly dysfunctional' home

In a Central Criminal Court hearing, a 19‑year‑old woman was heard to have been sexually abused by her older brothers from age six to ten. One brother, now 26, was jailed for four years for six counts of sexual assault and one count of anally raping the girl over a five‑year period between 2007 and 2011. He admitted to assaulting her about three times a week while she was aged six to ten. The anal rape was a single isolated incident. Three other brothers faced charges; one case was dropped. The remaining two, aged 33 and 29, pleaded guilty to one count of sexual assault and one count of sexual exploitation respectively. Sentences of three‑and‑a‑half years and two years were previously handed down but deferred to January next year. The judge noted the victim's courage and lack of parental support, and highlighted the family's dysfunctional sexual dynamics.

2020-07-13 · Limerick

11 plead not guilty to charges over alleged rape, exploitation and neglect of children

Six women and five men, aged 26 to 77, pleaded not guilty to 36 charges of sexual abuse, exploitation and neglect of four children in County Limerick. The indictment lists 300 charges, including rape, sexual assault, sexual exploitation, child cruelty and neglect under Section 246 of the Children Act 2001, and failure to report alleged crimes to Gardaí. The alleged victims are two boys and two girls, with offences alleged to have occurred between June 2014 and August 2017 at various locations in the Limerick region. All defendants are on bail and cannot be named to protect the children's identities. A provisional trial date is set for early next year in Dublin, with the court hearing that most lawyers seek separate trials. The case is scheduled for hearing on 16 November by Mr Justice Paul McDermott.

2020-07-13 · Dublin

Abuser avoids jail on condition he stay away from children

A 45-year-old man was sentenced at Dublin Circuit Criminal Court for sexual assault committed at a boy's home in May 2013. The defendant, who met the victim's mother through a dating website, initially denied the charge but pleaded guilty the day before his trial. Judge Melanie Greally, who had previously adjourned the case in February 2019 while placing the man on a 12-month probation bond, imposed a 12-month prison sentence today. This sentence was suspended in full on the condition that he keep the peace and be of good behaviour for 12 months. Additionally, the judge imposed a 10-year condition prohibiting unsupervised contact with children and barring him from the immediate vicinity of creches, schools, playgrounds, or other areas where children congregate. The judge warned that breaching either condition would result in the man being jailed for a year. The court heard that the man had two previous convictions for theft and had attended 44 psychotherapy sessions. While acknowledging the offence was in the lower range of sexual offending, the judge noted the serious impact on the victim, who is now 16, and his mother. The defence highlighted the defendant's remorse, history of depression and anxiety, and low risk of re-offending.

2020-07-10 · Dublin

"Cruel" former principal (78) who abused boys is jailed

Patrick Harte, aged 78, was convicted at Dublin Circuit Criminal Court of 11 counts of indecent assault on seven pupils at Sancta Maria Christian Brothers primary school between September 1968 and September 1970. The trial heard that Harte repeatedly molested boys while subjecting them to severe corporal punishment and verbal abuse. Victims testified that he would call them to his desk for praise or correction, warn the class to keep their heads down, and fondle their genital areas. Harte denied the allegations, claiming the State had validated his teaching and that the prosecution was sectarian. Judge Martin Nolan sentenced him to a total of three years' imprisonment: two years for the first count, one year for the second, and one year for each of the remaining nine counts, all running concurrently. The sentence was imposed after Harte's repeated failure to attend earlier hearings and his subsequent hospitalization. Patrick Harte pleaded not guilty.

2020-07-09 · Dublin

Former school principal claimed abuse victims 'had vendetta against him'

Patrick Harte, 78, former principal of Sancta Maria Christian Brothers primary school, was convicted in March 2020 of 11 counts of indecent assault on seven boys between 1968 and 1970. At his sentencing hearing, Harte denied the allegations, claiming the victims had a "vendetta" against him and that the state had "validated" his teaching. He said he would appeal to the High Court if the sentence was sectarian. The court heard that Harte repeatedly molested pupils in a class environment marked by severe corporal punishment and verbal abuse. Victims testified that he would call them to his desk for praise or correction, warn the class to look at their books, and fondle their genital areas. Harte's lawyers argued that the prosecution had not brought charges of child cruelty or physical abuse. The judge remanded Harte in custody and adjourned sentencing to the next day. Patrick Harte pleaded not guilty.

2020-07-09 · Dublin

Judge commends courage of woman for coming forward about father's sex abuse

In a Dublin Circuit Criminal Court hearing, a judge praised a survivor of child sexual abuse for her courage in coming forward. Ms Jennifer Lydon McElwaine, who was aged six to eleven when abused, waived anonymity to name her father, Raymond McElwaine, who pleaded guilty to eight counts of indecent assault and sexual assault between 1988 and 1994. She described the lasting impact of the abuse, noting how her father's control and manipulation affected her and her mother, and how she felt unheard as a child. Ms Lydon McElwaine highlighted her father's lack of remorse and his attempts to manipulate her into silence. The judge acknowledged her early bravery and her ongoing concern for other children, and adjourned sentencing to allow a probation report while remanding her in custody until October 8, 2020. The hearing also covered the father's admissions during Garda interviews and the court's assessment of his low risk of re‑offending.

2020-07-08 · Dublin

Rape victim asked if she'd fabricated allegations to explain why she wasn't a virgin

A 41‑year‑old Dublin man was sentenced to ten years' imprisonment for repeatedly raping and sexually assaulting his daughter between 2009 and 2015. The victim, who was ten when the abuse began and married in 2015, testified that she was telling the truth and denied that she had fabricated the allegations to explain why she was not a virgin to her husband. The court heard that the abuse ended after the victim's marriage. The judge, Mr Justice Tony Hunt, described the offence as a serious breach of trust, suspended the final year of the sentence on the condition of obeying probation, and ordered the defendant to have no contact with the victim. The victim's impact statement described her childhood as stolen and her father as the one who hurt her. The defendant denied the allegations and claimed a blameless life. The unnamed 41-year-old was convicted.

2020-07-07 · Cork

Man appeals 8 year sentence for decade-long abuse of brother

John Murphy, aged 46, was sentenced to ten years in prison for the repeated rape and sexual abuse of his younger brother over a decade, from 1988 to 1997, in a Cork town. He pleaded guilty to twelve counts, including three of oral rape, at the Central Criminal Court. Justice Micheal White set a headline sentence of 13 years, reduced to ten in consideration of Murphy's admissions and guilty pleas, and suspended the last two years on conditions. Murphy appealed the severity of the sentence to the Court of Appeal, arguing that the judge had overemphasised the breach of trust and the length of abuse as aggravating factors. The State, represented by Tim O'Leary SC, maintained that the 10‑year period justified the more serious category and that the headline sentence was appropriate. The Court of Appeal reserved judgment. The victim, now in his 40s, waived anonymity and testified that the abuse had a devastating impact on his life.

2020-07-06 · Dublin

Former school teacher who abused boys fails in bid to delay sentencing due to Covid-19

Patrick Harte, 78, a former school teacher, was due to be sentenced in Dublin Circuit Criminal Court for indecent assault of seven primary school boys at Synge Street between 1968 and 1970. He had been convicted in March of the previous year on eleven counts. Harte, who is on bail, did not attend the sentencing hearing; his defence lawyer, Patrick Gageby SC, submitted medical documents on his behalf, citing diabetes, chronic heart disease and the risk of COVID‑19 for someone over 70. Gageby requested a two‑month adjournment, arguing that Harte should not be compelled to attend court during the pandemic. Prosecutor Anne Rowland SC opposed the application, noting that five victims were present and that the case required finality. Judge Martin Nolan acknowledged Harte's health but ruled that the sentence must proceed, adjourned the hearing to the next day and scheduled it for 4 pm, when the court building would be relatively empty. Harte denied the allegations.

2020-07-06 · Dublin

Murder, rape trials to be listed in courts across country in effort to clear backlog

The Central Criminal Court will resume jury trials from the end of August across multiple venues in an effort to address the significant backlog of cases suspended during coronavirus lockdown restrictions. Mr Justice Paul McDermott announced that trials will be listed in Dublin, Cork, Limerick, Waterford, and Castlebar, with Dublin and Cork hosting proceedings for five weeks from August 31st, while the other locations will accommodate trials for shorter periods. Two pilot trials are scheduled to commence in Dublin on July 20th to test safety protocols and social distancing measures. Justice McDermott acknowledged that although resumption of trials represents progress, the capacity will address only approximately 25 per cent of adjourned cases. He noted the impact on complainants, families, and bereaved persons, as well as the continued custody status of numerous accused persons awaiting trial. Courts were adapted with screens and safety measures to facilitate jury proceedings while maintaining public health requirements.