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Sexual offences court reports

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2020-07-03 · Ireland

Sex assault conviction quashed after juror found to be related to previous victim

The Court of Appeal quashed a man's conviction for sexual assault and ordered a retrial after discovering that one of the jurors who found him guilty was related to the victim in a separate defilement case. The man had previously pleaded guilty to defiling a child and was serving that sentence when he was tried for sexual assault at a circuit criminal court. The jury returned a unanimous guilty verdict. After the trial, relatives of the defendant informed his legal team that a juror was a relative of the child‑defilement victim. The judge instructed the Gardaí to investigate, and they confirmed the relationship. The defendant's legal team appealed, arguing that the conviction was unsafe and that he was entitled to an unbiased jury. The State did not oppose the appeal.

2020-07-03 · Dublin

'Heinous' grooming and repeated rape of girl (8) sees sentence increased

The Court of Appeal has increased the sentence of a 39-year-old man who pleaded guilty to multiple counts of rape, sexual assault, and sexual exploitation of his eight-year-old niece. The offences, which occurred between November 2018 and January 2019, involved grooming and were described by the court as heinous, cold, and premeditated. The Director of Public Prosecutions appealed against the original eight-year effective custodial term, arguing it was unduly lenient for abuse of the most depraved kind. The man's counsel argued that his surrender to gardai at Dublin Airport and lack of physical violence warranted the original discretion. Justice Kennedy, sitting with Justices Birmingham and McCarthy, found that the sentencing judge had erred. The court quashed the previous sentence, determining that the appropriate starting point was 15 years. However, considering mitigation factors including his guilty plea, remorse, and previous good character, the court reduced the total sentence to 10 years. Unlike the previous ruling, no portion of this sentence was suspended. The court also ordered five years of post-release supervision. The matter was concluded with this finalised appellate decision.

2020-07-02 · Ireland

Seven-year sentence upheld for abuse of three sisters

A County Mayo man has failed in his appeal against a seven-year prison sentence imposed for the sexual abuse of three sisters over an eighteen-year period. The 65-year-old, whose identity is protected to safeguard the victims' anonymity, was convicted in October 2017 by jury at Mayo Circuit Criminal Court on nineteen counts of indecent assault against one sister and one count each against her two siblings. The abuse began in 1976 when the victims were aged between nine and twelve years old, with the final incident occurring in 1994. The Court of Appeal, presided over by Justice John Edwards, had previously upheld the conviction. In today's ruling on the sentence appeal, the court found the seven-year concurrent sentence was both just and appropriate, adequately reflecting the gravity of the offending. The judges expressed satisfaction that no error had been made in sentencing and dismissed the appeal.

2020-06-30 · Ireland

Judge refuses to allow rape accused change lawyers for sixth time

In a 2020 hearing at the Central Criminal Court, Mr Justice Paul McDermott refused a request by a 53‑year‑old rape accused to change his legal representation for the sixth time. The accused, who is on bail awaiting a 2021 trial, had previously switched counsel five times. The judge noted that while defendants have a right to choose counsel, this right is not absolute and cannot be abused to disrupt proceedings. He observed a "whiff" of a calculation to disrupt the criminal process and stated that the accused had "issues with trust" toward lawyers and medical professionals. The judge remarked that the accused was fit to plead and that further changes would be the seventh. He said the matter could be revisited once medical assessments were completed, but any future application should be made in good time. The judge's decision was based on the unprecedented number of changes and the lack of a rational reason for further switches.

2020-06-30 · Dublin

Rape and defilement of teenage girl uncovered after diary discovery

Patrick Kelly, aged 54, pleaded guilty to one count of rape, 12 counts of defilement and 13 counts of sexual exploitation of a 15‑year‑old girl between February 2014 and December 2015. The abuse was uncovered when Gardaí investigating separate child‑abuse allegations seized Kelly's diary, which contained dates, phone numbers and "squiggles" indicating sexual contact, along with the victim's initials. The diary and a large volume of text messages (17,500) showed Kelly's persistent grooming, gifting, and repeated sexual acts, including anal sex and intercourse. The victim's impact statement described physical, mental and emotional abuse, insomnia, PTSD and suicidal thoughts. Mr Justice Paul McDermott imposed a concurrent custodial sentence of four years, to run consecutively to a nine‑year sentence for other child‑abuse offences, and ordered five years of post‑release supervision with conditions preventing unsupervised contact with children and the victim. The court noted Kelly's guilty plea and lack of insight as mitigating factors.

2020-06-29 · Galway

10-year sentence for man who raped young cousin

A 60‑year‑old Galway man was sentenced to ten years' imprisonment for two counts of indecent assault and two counts of rape of his cousin, who was aged seven to nine at the time, between 1982 and 1984. The victim, who was also the man's goddaughter, was a child when the offences occurred. The judge described the conduct as a serious abuse of trust and imposed a ten‑year term, suspending the final year on conditions. The man, now married with adult children, denies the verdicts and maintains his innocence. The victim gave a dignified impact statement, describing the abuse, her fear, and the relief of revealing the truth in 2016. The case was heard in the Central Criminal Court, with the judge thanking the victim for her statement and the jury for their verdicts. The man has no prior convictions and has been in custody since February. The court noted the pandemic has made prison conditions more difficult. The unnamed 60-year-old was found guilty.

2020-06-29 · Tipperary

Abuser who claimed girl (13) initiated sexual contact fails in appeal

The Court of Appeal dismissed the appeal of a 46‑year‑old man who had been jailed for defilement, sexual exploitation of a child and three counts of sexual assault against his partner's 13‑year‑old daughter. He had pleaded guilty to the offences, which occurred between September 2014 and August 2015, and had six prior convictions, including a 1993 sexual assault. The Central Criminal Court had heard that he was in a relationship with the girl's mother at the time of the abuse. The girl, who was not named to protect her identity, testified that she had initially seen the man as a father figure but that he began kissing her, sending sexualised text messages and escalating the abuse. She described feeling love and trust, then sadness and isolation, and ultimately declared herself a survivor.

2020-06-25 · Louth

Alleged IRA man caged for raping boys subject to 'severe abuse' by other prisoners

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 he was sentenced to seven years' imprisonment by Mr Justice Paul McDermott. Marley has now applied to the Court of Appeal for an extension of time to lodge an appeal, arguing that he was unaware of the 28‑day deadline and had misunderstood the need to appeal both the conviction and the sentence. He was held in 23‑hour lock‑up during his initial custody due to severe verbal abuse from other prisoners, who targeted him because of his alleged IRA membership and his conviction as a child rapist. The Court of Appeal has reserved judgment on the application.

2020-06-24 · Tipperary

Abuser has jail term reduced for indecent assaults on sisters

A 53‑year‑old man lost his appeal against convictions for indecent assault on his younger sisters in the 1980s, but secured a reduction of his prison term by one year. He had pleaded not guilty to five counts against one sister, aged 11 or 12, when he was 14 or 15, and denied one count against his other sister, aged 12 or 13, when he was 18 or 19. The trial before the Circuit Criminal Court in Tipperary resulted in a guilty verdict and a sentence of five and a half years, with the final two years suspended. In the appeal, his barrister argued that the judge erred by admitting the appellant's 'no comment' answers to Gardaí, claiming this violated his right to silence and created an impression of evasiveness. The State countered that the interview had been edited to exclude such answers before the jury. The unnamed 53-year-old was found guilty.

2020-06-18 · Dublin

Retired doctor appeals conviction for abusing patients

A retired doctor, aged 86, appealed his conviction for abusing seven boys over a 21‑year period up to 1992. He was jailed for four years in February 2023 after pleading not guilty to 12 charges of indecent assault and one charge of sexual assault during medical examinations beginning in 1971. Judge Martin Nolan sentenced him to four years for one count of indecent assault and 18 months for the remaining counts, with all sentences running concurrently. The judge described the offence as a "serious pattern of misbehaviour" and noted mitigating factors such as the doctor's age and health. The appeal, presented by barrister Hugh Hartnett SC, argues that the trial judge erred by telling the jury that multiple complainants constituted "compelling" evidence and by refusing to discharge the jury on several occasions. The Director of Public Prosecutions defended the trial's conduct, and the Court of Appeal reserved judgment.

2020-06-18 · Kerry

Man who was teenager when he abused cousin (13) avoids jail

Padraig Tangney Junior, aged 39, received a suspended two‑year prison sentence for three counts of sexual assault of a child committed when he was 16. The offences occurred in 1995 and 1996 against his 13‑year‑old cousin at their family home in Tralee, Co. Kerry. Tangney pleaded guilty, and Justice Tara Burns noted his remorse and the fact that he was a child at the time of the offences, citing these as mitigating factors. The court accepted that the victim was extremely fragile and that Tangney's guilty pleas were valuable. He was found to be a low risk of reoffending, and the sentence was suspended on the condition he attends counselling for depression and stress management. Tangney is automatically registered as a sex offender, and the maximum sentence available is five years. The case was heard at the Central Criminal Court in Dublin.

2020-06-18 · Dublin

Conviction for sex attacks on young workers is upheld

Joseph McGrane, a 60‑year‑old Dublin fruit and veg seller, had his 12‑year conviction for 11 counts of indecent assault and seven counts of sexual assault upheld by the Court of Appeal. The offences, committed between 1985 and 1993, involved four young employees aged 13 to 18 and a 22‑year‑old woman. McGrane, who denied all charges, was found guilty by a jury in March 2019 and sentenced to 13 years' imprisonment, with the final year suspended. He appealed on grounds including alleged procedural errors, delays, and the handling of the indictment and jury directions. The Court of Appeal dismissed the appeal, affirming that the trial judge had given the jury clear instructions and that no injustice had occurred. The conviction and sentence remain in force.

2020-06-17 · Ireland

Man who was teenager when he had sex with underage girl avoids jail

The Central Criminal Court sentenced a 22-year-old man, who cannot be named to protect the victim's identity, for defilement of a child. The defendant pleaded guilty to four sample counts of defilement of a child in Co Westmeath and Co Clare, committed between July and December 2016. Mr Justice Paul McDermott noted that the defendant, who was a teenager at the time, met the victim online after lying about his age. The judge acknowledged that the victim was not physically assaulted or coerced, but stated the offences were aggravated by the age disparity, the deception employed, and the defendant's disregard for the victim. Substantial mitigation was accepted, including the defendant's youth at the time of initial contact, his guilty plea, expression of remorse, and lack of previous convictions. Mr Justice McDermott sentenced the defendant to two-and-a-half years imprisonment. However, considering the probation report and testimonials, the judge suspended the sentence in full on strict conditions. These conditions require the defendant to follow all directions of the Probation Service for three years and to refrain from directly or indirectly contacting the victim, her friends, or her family. The matter was finalised with this suspended sentence.

2020-06-17 · Limerick

Rapist father who encouraged family dog in abuse loses appeal

Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The offences began when his daughters were about seven years old and continued twice weekly for ten years, largely in the family home. Byrnes, a retired taxi driver, denied all charges and claimed the prosecution had failed to properly address alleged fabrication and collusion by the complainants. He appealed on the basis that the trial judge had not adequately directed the jury on how to treat evidence from the two daughters. The Court of Appeal dismissed the appeal, noting that while a perfect trial is ideal, a fair trial is required. Byrnes was sentenced to eight years' imprisonment, with two years suspended, by Justice Paul McDermott in October 2018.

2020-06-15 · Cork

One-time archaeology student tried to rape homeless man

In a case heard at the Central Criminal Court, William Dollard, a 30‑year‑old homeless man, was convicted of sexual assault and attempted anal rape of a 61‑year‑old homeless man on 30 May 2017 in County Cork. The incident, lasting 11 minutes, was captured on CCTV and involved Dollard assaulting the victim while he lay on blankets on the street. Dollard pleaded not guilty and maintains his innocence. The court noted his 26 prior convictions, mainly for drink‑related offences, and his alcohol abuse. Mr Justice Paul McDermott imposed a headline sentence of six years for the attempted rape, but, after mitigation, sentenced Dollard to five years and six months with the final 18 months suspended for two years. A concurrent two‑year sentence was imposed for the sexual assault. Conditions include not approaching or contacting the victim. The court heard the victim suffered flashbacks and expressed a desire to move on with his life.

2020-06-15 · Galway

Woman raped by cousin thanks jury for believing her

A 60‑year‑old Galway man was found guilty by a jury of two counts of indecent assault and two counts of rape of his cousin, who was aged between seven and nine at the time. The cousin, who was also the man's godfather, was aged between 22 and 24. The man, now married with adult children, denies the verdicts and maintains his innocence. The victim, who thanked the jury for believing her, said she had lived in constant fear of the man and that the revelations of abuse had torn apart her extended family. She noted that her elderly mother remains unaware of the abuse. The case was heard in the Central Criminal Court, with sentencing scheduled for 29 June. The man has been in custody since his conviction in February. The court adjourned the matter to the end of the month for sentencing.

2020-06-15 · Tipperary

James O'Reilly abuse case: victim impact statements

The article reports on the victim impact statements read in court by the eight daughters of James O'Reilly, a 75‑year‑old former resident of Killeens, Ballynonty, Thurles, who was convicted of 58 counts of rape and nine counts of sexual assault after a five‑week trial at the Central Criminal Court. Ms Philomena Connors, the eldest, described how her father's abuse began in early childhood, left her with a sense of emptiness and a belief that what happened was normal. She expressed a desire for her own children to have a normal childhood and stated that the abuse continues to affect her every minute of life. The other seven daughters, represented by a Garda sergeant, also recounted their experiences of fear, control, and ongoing emotional trauma, each describing how the abuse has shaped their lives and relationships. The statements highlight the lasting psychological impact of O'Reilly's crimes on his daughters.". James O'Reilly pleaded not guilty.

2020-06-15 · Cork

'Hate Dad': diary should have been put to daughter in abuse case, appeal told

A father has appealed his conviction for the sexual assault of his 19-year-old daughter, which allegedly occurred on Christmas morning in 2018. The appellant, who cannot be named to protect his daughter's identity, was found guilty by a jury at Cork Circuit Court last year. Judge Brian O'Callaghan sentenced him to two years in prison. He had no previous convictions or allegations of sexual assault. His barrister, Sean Guerin SC, argued before the Court of Appeal that the trial judge erred in refusing to allow the defence to put a diary found in the complainant's room to her. The diary contained the words 'Hate Dad', which counsel contended evidenced 'pre-existing malice' and a potential motive for a false allegation. Mr Guerin further submitted that the judge erred in his treatment of corroboration, specifically by failing to warn the jury of the weakness of corroboration based on the complainant's demeanour. He noted she had consumed alcohol and that her upset could be explained by other factors. The DPP's counsel, Imelda Kelly BL, countered that the judge's ruling on the diary was preliminary and that the issue of corroboration was not raised with the trial judge after the charge. The appeal was heard by Court President Mr Justice George Birmingham, presiding with Mr Justice John Edwards and Ms Justice Isobel Kennedy. The matter was adjourned, with the court to deliver its judgement at a later date.

2020-06-15 · Tipperary

20 years for father who led campaign of rape, beatings and starvation against family

James O'Reilly, aged 75, was sentenced to 20 years in prison for repeatedly raping and sexually abusing his younger sister and seven daughters over a 23‑year period from 1977 to 2000. He pleaded not guilty to 81 counts of rape and sexual abuse, but a jury convicted him of 58 counts of rape and nine counts of sexual assault. The court heard that he subjected the victims to physical beatings, starvation, and degradation, and that one daughter became pregnant from a rape in 1988 and was further abused during her pregnancy. DNA evidence confirmed he was the father of the child. O'Reilly continues to deny wrongdoing and shows no remorse. The judge described his actions as horrific and noted the prolonged, repetitive nature of the offences. The sentence reflects the severity and duration of the abuse.

2020-06-11 · Mayo

Child porn distributer was raped from age 4, court hears

The Court of Appeal has refused the Director of Public Prosecutions' challenge to a suspended sentence imposed on a 78-year-old man convicted of child pornography offences. The man, formerly of Clare Island, County Mayo, was sentenced to two years wholly suspended at Castlebar Circuit Criminal Court in February 2019 after gardaí discovered 586 video clips and 365 images of child sexual abuse material on his laptop in September 2016. The DPP argued the sentence was unduly lenient and failed to adequately consider deterrence. However, the three-judge Court of Appeal panel, presided over by Justice George Birmingham, found the sentencing judge had approached the matter with care and properly considered substantial mitigating factors. These included the man's own experience of serious childhood sexual abuse, his advanced age, his mental health concerns, and the significant consequences he had already faced, including losing his home and long marriage. The court dismissed the appeal, finding the sentence fell within the permissible range.

2020-06-10 · Ireland

Teenager (18) had sex with girl (16) after lying about his age

An 18‑year‑old man, now 22, pleaded guilty to four counts of defilement of a child in Co. Westmeath and Co. Clare for offences between July and December 2016. He first contacted a 15‑year‑old girl on Facebook in August 2015, claiming to be 16 when he was actually 17. He sent her explicit photos and encouraged her to send similar ones. They met in July 2016 at a birthday party where he repeatedly asked for oral sex and sex, which she eventually agreed to after initially refusing. They had sex on three occasions over two days, all without a condom. In December 2016, while she was at his home, her brother and cousin also attempted to force her to have sex; she refused. The girl, aged 16 at the time of the offences, gave a victim impact statement describing fear, intimidation, and feeling brain‑washed.

2020-06-10 · Ireland

'Grotesque' to jail man for abuse carried out as teenager, court told

The Central Criminal Court in Dublin heard that a 39‑year‑old man pleaded guilty to three counts of sexual assault against his 13‑year‑old cousin in 1995 and 1996. The victim, whose identity is protected, said the assaults occurred when the defendant was about 16. She described the first assault as the defendant rubbing his genitals against her outside her clothing and threatening her mother with a heart attack. In a second incident he pushed her onto a bed and molested her; she pushed him off but was too afraid to report it. The victim and her mother approached Gardaí around 1999, but no prosecution was pursued. The victim emigrated and could not attend the hearing; her impact statement was read by the prosecutor. The defendant expressed remorse, citing his youth and lack of awareness of wrongdoing, and requested a non‑custodial sentence. Justice Tara Burns adjourned sentencing to 18 June and remanded the defendant on bail.

2020-06-09 · Tipperary

Too much weight placed on abuser's blaming of victim, appeal told

A 46-year-old man has appealed his sentence for sexually abusing a 13-year-old girl. The defendant, who cannot be named to protect the victim's identity, pleaded guilty to defilement and sexual exploitation of a child and three charges of sexual assault occurring between September 2014 and August 2015. He had six previous convictions, including for sexual assault in 1993. At the Central Criminal Court, Mr Justice White imposed a nine-year sentence, with the final two years suspended. The man argued in his appeal to the Court of Appeal that the sentencing judge placed too much weight on his claim that the girl initiated the contact due to hormonal urges. His barrister, Colman Cody SC, submitted that undue weight was attached to this factor. The court heard evidence that the man had been in a relationship with the girl's mother and that phone analysis confirmed he sent sexualised text messages to her. The survivor stated she initially viewed him as a father figure but later realized the abuse was not normal. The Court of Appeal, presided over by Justice George Birmingham with Justices Kennedy and Ni Raifeartaigh, reserved judgement and will deliver their decision at a later date.

2020-06-08 · Ireland

Man appeals sentence for abusing three sisters over 18-year period

A 65-year-old Mayo man has appeared before the Court of Appeal to challenge the severity of his sentence for sexually abusing three sisters over an 18-year period beginning in 1976. The man was convicted in October 2017 by a Mayo Circuit Criminal Court jury on 19 counts of indecent assault against one sister and one count each against her two siblings. He received a concurrent seven-year prison sentence. His previous appeal against conviction was refused last month. During today's hearing, his barrister argued that the seven-year term was disproportionate and that the trial judge had erred in principle when assessing the gravity of offences against the middle sister. The barrister submitted the sentencing should have been placed in the mid-range rather than near the top of the scale. The Court of Appeal, presided over by Justice George Birmingham and including Justice John Edwards and Justice Patrick McCarthy, reserved its decision.

2020-05-28 · Dublin

Survivor tells serial abuser he will 'not hold any power over us ever again'

In a Central Criminal Court hearing, a 58‑year‑old Dublin man was found guilty of 30 counts of sexual assault against four girls, having previously pleaded guilty to ten similar offences in 2002 and 2003. He received a nine‑year sentence with the final two years suspended. The court heard victim impact statements from three of the four women, who described long‑term emotional damage, drug use, abusive relationships and a sense of survivor identity. The judge adjourned the case for finalisation. The accused, who had been in custody since March 2018 after extradition from the UK, had also been convicted of burglary in both Ireland and the UK. No new charges were brought for his time in the UK, where he worked at a homeless charity centre. The court considered his prior sentence and the possibility of a lenient sentence. The hearing concluded with the judge setting a date for finalisation. The unnamed 58-year-old pleaded not guilty.

2020-05-28 · Tipperary

Abuser's 'no comment' answers should not have gone to jury, appeal told

A 53‑year‑old man appealed his convictions for indecent assault on his younger sisters in the 1980s, arguing that the judge allowed his 'no comment' answers to Gardaí to be presented to the jury. He had pleaded not guilty to five counts against one sister aged 11 or 12 when he was 14 or 15, and denied one count against another sister aged 12 or 13 when he was 18 or 19. The trial, held before the Circuit Criminal Court in Tipperary last June, resulted in a guilty verdict and a sentence of five and a half years, with the final two years suspended. In the appeal, his barrister, Colman Cody SC, claimed the judge erred by admitting the 'no comment' answers, which he said prejudiced the defendant and violated his right to silence. He also argued the sentence failed to give sufficient weight to the defendant's age and good character. The unnamed 53-year-old was found guilty.

2020-05-27 · Kildare

Child rapist used voluntary network to target boys, judge finds

In a 2020 case, a 29‑year‑old man from County Kildare was found guilty of raping two boys. He used his membership in a voluntary paramedic organisation to gain the boys' trust and drugged them with Penthrox, a pain‑relief drug normally used by medical professionals. In the first incident, a 15‑year‑old was forced to inhale the drug through an oxygen mask and was then orally raped. In the second, the man raped an unconscious child while another man recorded the assault on a mobile phone. The defendant pleaded guilty to oral rape, sexual assault, sexual exploitation and aiding the production of child pornography. He was sentenced to eleven years' imprisonment, with eighteen months suspended, and was ordered to abstain from any work involving children and to attend probation treatment programmes.

2020-05-26 · Limerick

11 accused in child sex abuse case to be tried together

Lawyers informed a High Court judge that the State intends to conduct a single trial for six women and five men accused of multiple offences involving alleged sexual abuse and neglect of children. The 11 defendants, aged between 25 and 76, face more than 200 charges, including sexual assault, sexual exploitation and child cruelty and neglect under Section 246 of the Children Act 2001. The alleged victims are all juveniles, and the offences are said to have occurred at various locations in Limerick between 2014 and 2016. The defendants, who have addresses in several Munster counties, were arrested and charged earlier last year, and books of evidence were served on them at a District Court sitting in November. The case was listed for mention in the Central Criminal Court, where Mr Justice Paul McDermott heard applications concerning disclosure of material by the prosecution to the defence teams.

2020-05-26 · Louth

Date set for alleged IRA man's application for more time to appeal teen rape convictions

Seamus Marley, a 46‑year‑old Belfast native, was sentenced in May 2020 at the Central Criminal Court for raping two teenage boys in County Louth in the early 1990s. He was found guilty on six counts of sexual assault and two counts of rape after a six‑day trial and received concurrent seven‑year and six‑year sentences. Marley had filed for an appeal outside the 28‑day period normally required to lodge an appeal. His counsel, Michael Bowman SC, applied to the Court of Appeal for a date to hear a motion to extend the time for the appeal. The Court of Appeal set 25 June for the hearing, which will last 30 minutes, and the Director of Public Prosecutions will contest the application. The case remains at the appeal stage.

2020-05-25 · Kildare

Voluntary paramedic drugged and raped teenage boy

A 29‑year‑old former voluntary paramedic was found guilty of orally raping a 15‑year‑old boy and sexually assaulting another child after drugging them with Penthrox, a powerful pain‑relief agent. In the first incident, the accused used an oxygen mask to force the boy to inhale the drug, then sexually assaulted him. In the second, the boy was unconscious while the accused orally raped him and another man recorded the act on a mobile phone. The defendant pleaded guilty to oral rape, sexual exploitation, aiding and abetting child pornography, sexual assault and theft of Penthrox and a carbon dioxide chamber. He was suspended from the paramedic organisation and a nursing course. The court heard that the whistle device had been altered to increase potency, and that the defendant had searched online for ways to incapacitate victims. The case was adjourned to Wednesday for sentencing.

2020-05-25 · Kildare

'I will be alone for the rest of my life,' rape victim tells court

In a Central Criminal Court hearing, a 38‑year‑old woman who was raped while asleep delivered a victim impact statement in which she said she would be alone for the rest of her life. She described the past three or four years as "hell", blamed herself for not being strong enough for her children, and said she feels she has failed as a mother and has been robbed of everything. She cannot watch any media containing a kiss and wishes to be free of pain. The accused, a 38‑year‑old man with a prior assault conviction, pleaded not guilty to rape. A jury found him guilty on the sole count. The court adjourned the matter for finalisation on 19 June. The woman's statement was read before the judge. The accused accepted the verdict and expressed remorse. The case is pending finalisation.

2020-05-25 · Dublin

"Defies logic" that teenager orally raped by father failed to notice penis implants

The Court of Appeal heard an appeal against the conviction of an unnamed 51-year-old man, who was found guilty by a Central Criminal Court jury of 22 counts of sexual abuse, oral rape, child sexual exploitation, and attempted rape. The offences were alleged to have occurred in a Dublin home between October 2009 and July 2011, when the complainant was aged 13 to 15. On January 14, 2019, Ms Justice Tara Burns sentenced him to 12 years imprisonment, with the final six months suspended. The appellant's counsel, Mr Giollaíosa Ó Lideadha SC, argued that the prosecution failed to explain how the complainant did not notice three plastic penis implants, claiming this created a fundamental gap in the evidence. He also contended that the trial judge erred in refusing to direct the jury on the presumption of innocence and the dangers of uncorroborated evidence. In reply, DPP counsel Dominic McGinn SC stated that the discrepancy was a matter for the jury, who had viewed photographs of the implants, and that the judge's charge was adequate. The appeal was heard by video-link before President Mr Justice George Birmingham, Mr Justice Patrick McCarthy, and Ms Justice Una Ni Raifeartaigh. The court reserved its judgement, meaning the matter was adjourned and not concluded.

2020-05-22 · Ireland

Octogenarian paedophile who used son as 'sexual plaything' fails in appeal

An 86‑year‑old man, whose name is withheld to protect a victim, was found guilty by a Central Criminal Court jury of three counts of indecent assault against his son between 1977 and 1979. The son was described by the defendant's lawyers as a "sexual plaything" and was subjected to oral and anal rape, gagging and restraint. The judge, Ms Justice Deirdre Murphy, imposed consecutive sentences totalling four years, noting that the maximum penalty at the time of the offences was two years and that the court was "hugely constrained" by sentencing limits. The defendant appealed on the ground that the trial judge failed to warn the jury about the uncorroborated evidence of the complainant. The Court of Appeal, led by Ms Justice Isobel Kennedy, found no impermissible error and dismissed the appeal.

2020-05-18 · Dublin

Tinder rapist Nevin and State both to appeal sentence

Patrick Nevin, a 38‑year‑old serial sex offender, is set to appeal the 14‑year sentence handed to him for raping and sexually assaulting women he met on the Tinder dating app. The judge, Ms Justice Eileen Creedon, found Nevin had a preoccupation with sex, hostility towards women and a high risk of re‑offending. He pleaded guilty to raping a woman in Bellewstown, Co. Meath on 12 July 2014 and to a sexual assault of a second woman four days later at an unknown location in Co. Meath. The judge imposed a 14‑year term with the final two years suspended and noted Nevin was already serving a five‑and‑a‑half‑year sentence for a third Tinder‑related assault at the UCD campus on 23 July 2014. The State has lodged a counter‑appeal arguing that the two‑year suspended portion was too lenient. Both appeals will be heard remotely on 30 July 2020.

2020-05-18 · Cavan

Child rapist to appeal 20-year sentence

Michael McCarville, a 53-year-old farm labourer, is set to appeal his 20-year prison sentence at the Court of Appeal. The Monaghan native, residing in Cootehill, Cavan, was charged with 187 counts of indecent assault and sexual assault involving seven children from the same family between 1982 and 1999. The alleged abuse, which reportedly began when McCarville was 15 and the victims were as young as seven, took place in farm sheds, outhouses, and fields. In December 2016, McCarville pleaded guilty to 52 sample charges of indecent and sexual assault. He was subsequently sentenced in March 2017 to 20 years in prison. The seven victims, who agreed to McCarville being named in the media while retaining their anonymity, have not waived their right to privacy. At the Court of Appeal today, Mr Justice George Birmingham set a date of Monday, 9th November, for the hearing of McCarville's appeal against the sentence. The matter is currently at the appeal stage, with the specific procedural step being the scheduling of the appeal hearing rather than a final determination of the case.

2020-05-08 · Ireland

Abuser who raped cousin on weekly basis fails in appeal

In 2020 the Court of Appeal dismissed an appeal by a 53‑year‑old man who had been convicted of attempted rape in 1984 and of five further counts of raping his seven‑year‑old cousin on a weekly basis between 1985 and 1986. The man, who was 17 when the first offence occurred, had been found guilty by a jury and sentenced to nine years' imprisonment, the final year suspended. He had argued that the trial judge had admitted the complainant's older brother's evidence incorrectly, had failed to warn the jury about uncorroborated evidence, and had made errors in jury instructions. The Court of Appeal, presided over by Mr Justice George Birmingham, found no basis to doubt the fairness of the trial or the safety of the verdict and affirmed the conviction.

2020-05-08 · Cork

Stable owner's conviction for raping teenage girl is upheld

In 2020 the Court of Appeal upheld the conviction of Ger Hehir, a stable owner, for raping and sexually assaulting a teenage girl between 2010 and 2013. Hehir, aged 59, had pleaded not guilty to the rape and four counts of sexual assault at his home and at horse events. The Central Criminal Court jury found him guilty after a seven‑day retrial and sentenced him to seven years' imprisonment, with the final 18 months suspended. Hehir appealed, arguing that the trial judge failed to warn the jury about uncorroborated evidence and confused the issue of consent. The Court of Appeal rejected these arguments, stating that the judge's charge was clear enough to leave no doubt that the complainant had not consented and that the defence's case was that no sexual activity had occurred. The appeal was dismissed, leaving the original conviction and sentence intact.

2020-05-08 · Ireland

Abuser fails in bid to overturn conviction for assaults on neighbouring sisters

A man from County Mayo has unsuccessfully appealed his conviction for sexually assaulting three sisters over an eighteen-year period beginning in 1976. He was found guilty by a Mayo Circuit Criminal Court jury in October 2017 on nineteen counts of indecent assault against one sister and one count each against her two siblings. The trial heard that the abuse began when the victims were aged between nine and twelve years old. He received concurrent prison sentences totalling seven years. On appeal, his counsel argued that the trial judge erred in refusing to sever the indictment, contending the three separate complaints should not have been heard together as they lacked the striking similarities required. The Court of Appeal, however, determined that the trial judge correctly admitted all counts simultaneously, identifying significant common features across the allegations including the victims' ages, familial connection, and methods of abuse. The court dismissed the appeal.

2020-05-06 · Wicklow

Media want sight of submissions in child rapist gagging order case

In 2019 a Central Criminal Court jury convicted a 49‑year‑old Wicklow man of repeated sexual attacks on a nine‑year‑old neighbour. He pleaded not guilty to four counts of rape and two counts of indecent assault between 1987 and 1989. Mr Justice Michael White sentenced him to seven years in May 2019 and, during the trial, imposed an order preventing the publication of the identities of both parties. The Director of Public Prosecutions (DPP) later sought to lift the order after the victim wished to waive her anonymity so the rapist could be named. The DPP's application was rejected in November 2019 because the court had no mandate to alter the trial‑time order. The DPP is now appealing that judgment, and the case is scheduled for hearing before the Court of Appeal.

2020-05-05 · Dublin

Wholesaler appeals conviction for sex attacks on young workers

Joseph McGrane, a 60‑year‑old fruit and veg wholesaler, was convicted in March 2019 of 11 counts of indecent assault and seven of sexual assault against three boys and a young woman, with offences occurring between 1985 and 1993. He was sentenced to 13 years' imprisonment, the final year suspended, after a trial at Dublin Circuit Criminal Court. McGrane denied all charges. The Court of Appeal heard an appeal filed by counsel Paul Greene SC, who argued that the conviction was unsafe due to delays in prosecution, a failure to sever the indictment, and improper jury instructions. Greene cited the differing nature of the case involving the young woman and the judge's refusal to discharge the jury on acquitted counts. Counsel for the DPP, Eilis Brennan SC, countered that the offences were part of a single series and that the judge's decisions were within discretion. The Court of Appeal reserved judgment.

2020-04-30 · Ireland

Man in bid to overturn conviction for abusing three sisters

A Mayo man has appealed his conviction for sexually abusing three sisters over an extended period. He was found guilty in October 2017 on 19 counts of indecent assault against one girl and one count each against her two sisters. The Circuit Criminal Court jury heard evidence of offences occurring between 1976 and 1994, when the victims were aged between nine and twelve years old. The man received concurrent sentences totalling seven years. His appeal, heard remotely at the Court of Appeal, centres on whether the trial judge erred in refusing to sever the indictment, allowing all three complaints to be heard simultaneously. The appellant's counsel argued the cases lacked the striking similarities required for joint trial. The Director of Public Prosecutions' counsel contended substantial similarities existed, including the victims' ages, family connection, and consistent methods of abuse. The three-judge panel reserved its decision.

2020-04-29 · Ireland

Man convicted of abuse in 1970s brings appeal

A man convicted of sexually abusing a child in County Mayo during the 1970s has appealed his conviction at the Court of Appeal. The defendant was found guilty in October 2018 by majority verdict on five counts of indecent assault alleged to have occurred between May and August 1978. He received a sentence of eight years and nine months, with the final 21 months suspended, in February 2019. The appeal centres on grounds of substantial delay in prosecution and its impact on fair trial rights. Defence counsel argued that the complainant's delay in reporting and gardaí's delay in charging the defendant, combined with the deaths of potential defence witnesses, prejudiced the accused's ability to mount a proper defence. The Director of Public Prosecutions submitted that a delay warning was appropriately issued at trial and that corroborative evidence was heard. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment and indicated a decision would be delivered as soon as possible.

2020-04-28 · Dublin

Conviction for raping heavily-pregnant partner overturned

In April 2020 the Court of Appeal quashed a 2017 conviction for two counts of rape against a Dublin man aged 55, who had previously been convicted of three sexual assaults against the same heavily‑pregnant partner. The appeal was based on a misdirection by the trial judge who had told the jury that the consistency of the complainant's account could be "supportive or corroborative" of the prosecution case. The Court of Appeal held that such consistency was not independent evidence and that the judge's instruction could have misled the jury. All other grounds of appeal, including a claim of adverse publicity, were rejected. The court therefore overturned the rape convictions without ordering a retrial, leaving the earlier sexual‑assault convictions and the 10‑year sentence with a two‑year‑six‑month suspended portion intact. The case highlights the importance of precise jury instructions regarding corroboration.

2020-04-27 · Dublin

Abuse victim chose to get vasectomy out of fear of 'bringing kids into this world'

During a sentencing hearing in Dublin Circuit Criminal Court, a 64‑year‑old man was convicted of sexually assaulting his seven‑year‑old son in 1989. The victim, who was a child sexual assault survivor himself, gave a victim impact statement in which he described how his father had taken him swimming, hypnotised him, and then sexually assaulted him. He recalled being told by his father that he was "washing him, cuddling him, sucking him" and that he was "just playing around with his penis" to bond with him. The defendant, who was a victim of abuse at Letterfrack Industrial School as a teenager, denied the offence and claimed it was false. Judge Pauline Codd sentenced him to four and a half years' imprisonment, suspending the last six months on the condition that he engage with the Probation Service.

2020-04-27 · Limerick

Rapist father who encouraged family dog in abuse brings appeal

Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The abuse began when his daughters were about seven, the year of their First Communion, and continued for ten years, occurring mainly in the family home, a coal shed, and his car. Byrnes encouraged the family dog to participate in sexual acts with one daughter on three occasions. He was sentenced to eight years' imprisonment with two years suspended. Byrnes, a retired taxi driver, pleaded not guilty and maintains his innocence. He has now lodged an appeal, arguing that the trial judge failed to properly address alleged fabrication and collusion by the complainants and that the jury was not given adequate directions on how to use their evidence. The Court of Appeal has reserved judgment.

2020-04-24 · Dublin

Boy B's appeal against Kriegel murder conviction to be heard at later date

In 2018, 13‑year‑old Boy B lured 14‑year‑old Ana Kriegel from her home to a derelict house in St Catherine's Park, Lucan, where he and Boy A attacked her. Boy B later admitted seeing Boy A assault Ana. In June 2019, a Central Criminal Court jury found Boy B, now 15, guilty of murder; he received a 15‑year sentence, reviewable after eight years. Boy A was also convicted of aggravated sexual assault and sentenced to life with a 12‑year review and eight years for the assault. Boy B's appeal, originally scheduled for April 24, 2020, was postponed because he changed counsel and will be heard later. The DPP will file its own submissions by April 3. The appeal concerns only the conviction, not the sentence. Boy B remains detained at Oberstown Children Detention Campus, with an earliest possible release in June 2027.

2020-04-23 · Ireland

Octogenarian paedophile who serially abused family members should have conviction set aside, court told

In a remote Court of Appeal hearing, an 86‑year‑old paedophile, whose name is withheld to protect his victim's identity, appealed a conviction for three counts of indecent assault against his son committed between 1977 and 1979. The Central Criminal Court had found him guilty and imposed consecutive sentences totalling four years, a maximum penalty of two years at the time of the offences. The appellant's barrister argued that the trial judge failed to give a required corroboration warning, citing inconsistencies in the complainant's evidence and the judge's refusal to engage with it. The DPP countered that the judge's stance was consistent with judicial practice and that section 7 of the Criminal Law (Rape) (Amendment) Act 1990 left discretion to the judge. The Court of Appeal, presided over by Mr Justice Birmingham, reserved its judgment.

2020-04-21 · Dublin

Convicted child abuser admits attacks on two more victims

In a Dublin Circuit Criminal Court hearing, a man in his 50s, already serving a prison term for repeated sexual abuse of a teenage boy from 2009 to 2015, pleaded guilty to five counts of sexual assault against two victims. He admitted forcibly kissing and grabbing the bottom of an underage girl in mid‑2014, and similarly assaulting a second victim by grabbing her bottom, placing a hand on her bottom and kissing her neck between July 2011 and July 2012. Judge Karen O'Connor remanded him in continuing custody until 29 June 2020.

2020-04-03 · Dublin

Bolivian man 'brazenly' raped woman on public street

In a Dublin 2 street on 26 September 2017, 32‑year‑old Bolivian national Jose Lacerna Pena orally raped a woman while she was walking to meet friends after a nightclub. CCTV showed Pena approaching, linking his arm around her, pushing her head down and inserting his penis into her mouth twice. Two men intervened, the victim fled, and Pena was arrested. He pleaded not guilty at the Central Criminal Court, but a jury convicted him on 13 December 2019. Mr Justice Paul McDermott sentenced him to six years' imprisonment, noting the offence was "brazenly in the most public and humiliating manner" and that Pena had no prior convictions. The victim's impact statement described lasting fear, sadness, anger and loneliness, and she thanked the men who intervened. Pena's defence argued the act was out of character and requested leniency. The judge acknowledged the difficulty of serving the sentence far from his family and considered deportation upon release.

2020-04-02 · Dublin

Judge rejects child rapist's bail bid

In a High Court hearing on 2 April 2020, Mr Justice Tony Hunt refused to grant bail to a Dublin man convicted of raping his 10‑year‑old daughter in 2010. The defendant, whose name is withheld to protect the victim, had been remanded into custody after a jury found him guilty on multiple counts of sexual assault and rape following a two‑week trial at the Central Criminal Court. His lawyers argued that his Crohn's disease and concerns for his asthmatic children's health amid the Covid‑19 pandemic warranted release. The judge rejected the application, stating that the concerns were hypothetical and that the prison service had not demonstrated an inability to manage the defendant's health. He noted that rapists and murderers can have difficult family circumstances, but the defendant was facing a significant prison term. The case was adjourned to 11 May for sentencing, with no interference of witnesses reported.