Courts / Ireland / Report

Step-father convicted of rape and sexual abuse of step-children loses appeal

Date
2017-03-23
Stage
Appeal

Summary

A 54-year-old man, whose identity is protected to safeguard victims, has lost his appeal against convictions for abusing two of his three step-children. The Court of Appeal, presided over by Mr Justice Alan Mahon with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed the appeal on grounds that the trial judge erred in refusing to sever the indictment, failed to discharge the jury after prejudicial evidence, and returned a perverse verdict. The appellant had been convicted by a Central Criminal Court jury of 35 counts of sexual assault and rape involving a female victim aged seven to 13 and a male victim aged 11 to 17. In a separate trial, he was found guilty of four counts of rape, ten counts of sexual assault, one offence of oral rape, and two charges of using an object to penetrate his step-daughter between 2001 and 2005. Ms Justice Isobel Kennedy sentenced him to 12 years imprisonment for the abuse of the two youngest children on June 20, 2016. Ms Justice Margaret Heneghan imposed a concurrent 12-year sentence for the abuse of the eldest child in July 2016. The Court of Appeal upheld the trial judge's discretion to join the indictments, noting similarities such as the victims being minors and the offering of money. The court also determined that an accidental reference to other accusations did not warrant discharging the jury and that the verdicts were not perverse.

Who, what, where, when and why

What: Report matter: Step-father convicted of rape and sexual abuse of step-children loses appeal. Charges or matters: four counts of rape, ten counts of sexual assault, one offence of oral rape and two charges of using an object to penetrate his step-daughter on dates between 2001 and 2005. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Unnamed 54-year-old

Convicted Person

Charges: four counts of rape, ten counts of sexual assault, one offence of oral rape and two charges of using an object to penetrate his step-daughter on dates between 2001 and 2005 (Proven)

Finding: Convicted

Outcome: Convicted; He was sentenced him to 12 years imprisonment for abuse of the two youngest children by Ms Justice Isobel Kennedy on June 20, 2016.

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Sexual Offences Stage Appeal Violent Crime

Read the original CNI report

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