The Supreme Court has granted the Director of Public Prosecutions leave to appeal a Court of Appeal decision on the sentence given to James Maher for indecent assault. The determination was delivered on 10 July 2015, and the court will now hear the appeal.
Mr Maher pleaded guilty to 19 offences of indecent assault on males, committed between 1982 and 1984. At the Circuit Court sitting in Ennis, the sentencing judge imposed concurrent two-year sentences on the basis that two years was the maximum for each offence.
The Director appealed to the Court of Appeal on the ground of undue leniency. She argued that the offence was contrary to common law and that the maximum sentence was ten years. The Court of Appeal rejected that argument and held that the maximum was two years.
The Court of Appeal did find the overall sentence unduly lenient. In substance it decided that the appropriate sentence was three years, being a two-year sentence with a further one-year sentence to run consecutively. The Director now wants to argue that the maximum is ten years and that an effective three years remains unduly lenient.
The Supreme Court accepted that the maximum sentence for a significant offence is an issue of general public importance. It noted that later legislation has made the issue largely historical, but accepted the Director's argument that a material number of cases may still be affected, including in how investigations can be carried out. It said the argument carried less weight in this case than it might otherwise.
Counsel for Mr Maher pointed out that he was sentenced after the court was told the maximum was two years, and that he was released and then imprisoned a second time. The court said a full appeal court would have to take those points into account, but they were not reasons to refuse leave.
The court criticised the papers filed by the Director, which gave inaccurate descriptions of the revised sentence. This led to an oral hearing that it said should not have been necessary. It provisionally ordered that the costs of that hearing go to Mr Maher, unless the Director applies to vary the order within 14 days.