Courts / Dublin / Report
12-year sentence for rapist father upheld
Summary
The Court of Appeal upheld a 12‑year headline sentence for a 52‑year‑old man convicted of 22 counts of sexual abuse, oral rape, child sexual exploitation and attempted rape against his daughter aged 13‑15. The appeal court found no error in the sentencing judge's decision that attempted penetration of the vagina was more serious than oral rape, and rejected the defence's argument that the man had stopped the attempt when the victim screamed. The court also dismissed claims that the trial judge had not given enough credit for the man's alleged stopping of the attempt, and rejected a suggestion that a letter of apology for physical abuse should have been considered mitigating. The 12‑year sentence, with a six‑month suspended portion, was confirmed as within the range of penalties available for the circumstances of ongoing offending, familial violence and the man's taunts after the attempt. The appeal was lost, and the sentence remains in force.
Who, what, where, when and why
What: Report matter: 12-year sentence for rapist father upheld. Procedural stage: appeal. Findings: Convicted
When:
- October 2009 Hearing Or Sentence
- July 2011 Hearing Or Sentence
- January 14, 2019 Hearing Or Sentence
- 2021-03-01 Publication
Why: The man also claimed that he could not have orally raped his daughter because she didn't notice plastic implants in his penis. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; In a ruling delivered today, the Court of Appeal upheld the sentencing judge's finding that a single count of attempted rape was more serious than numerous counts of oral rape and warranted a 12-year headline sentence as opposed to the ten-year term imposed for the other offences. On January 14, 2019, following conviction, Ms Justice Tara Burns sentenced him to 12 years in prison with the final six months suspended.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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