Courts / Kildare / Report
Man who raped girl (11) when he was 15 should have been spared jail, lawyers argue
Summary
A Kildare man, now 24, is appealing against a custodial sentence imposed for offences committed when he was 15. The appellant pleaded guilty to two counts of sexual assault in a shed at his home in Co. Kildare in October and December 2008, as well as oral rape at his home in April 2009 and in a woodland near his home in May 2009. On November 28, 2016, Mr Justice Tony Hunt sentenced him to four years imprisonment, with the final two years suspended. Counsel Hugh Hartnett SC argued that the appellant should have been spared jail, citing his age at the time and characterizing the acts as reckless experimentation. He submitted that under the 2001 Children's Act, detention for a legal juvenile must be a last resort. The appeal was heard by Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan. The court reserved judgment on the appeal against the severity of the sentence, with the decision scheduled to be delivered on Friday next. The matter remains adjourned pending this ruling.
Who, what, where, when and why
What: Report matter: Man who raped girl (11) when he was 15 should have been spared jail, lawyers argue. Charges or matters: two counts of sexual assault in a shed at his home in Co; oral rape at his home in April 2009 and in a woodland near his home in May 2009. Procedural stage: appeal
When:
- December 2008 Incident
- April 2009 Incident
- May 2009 Incident
- November 28, 2016 Hearing Or Sentence
- 2017-06-30 Publication
Case subjects
Appellant
Charges: two counts of sexual assault in a shed at his home in Co; oral rape at his home in April 2009 and in a woodland near his home in May 2009 (Admitted)
Plea: Guilty
Outcome: He was sentenced to four years imprisonment with the final two suspended by Mr Justice Tony Hunt on November 28, 2016.
Places mentioned
Topics
Sexual Offences Stage Appeal Violent Crime
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