Courts / Donegal / Report
10-year sentence for repeated abuse is upheld
Summary
The Court of Appeal has upheld the 10-year sentence imposed on Thomas Patton (53) for 24 counts of indecent assault of his cousin at an address in Co Donegal between April 1, 1984, and January 1, 1990. Patton had pleaded not guilty at Dublin Circuit Criminal Court but was found guilty on all counts by a jury in July 2019. He was sentenced to 10 years by Judge Melanie Greally. The appeal against the sentence was dismissed by the Court of Appeal, with Mr Justice George Birmingham stating that the offending was of 'exceptional seriousness' and that consecutive sentences were 'entirely appropriate'. Hugh Hartnett SC, for Patton, argued that the custodial term was 'excessive and disproportionate' and that the sentencing judge failed to consider aspects of rehabilitation. Mr Cooney, for the Director of Public Prosecutions, stated that a higher sentence would still have been within the judge's discretion given the seriousness of the offending. The matter was adjourned at an earlier hearing, but no finalisation was reached in this stage of the appeal.
Who, what, where, when and why
What: Report matter: 10-year sentence for repeated abuse is upheld. Charges or matters: 24 counts of indecent assault of his cousin at an address in Co Donegal, on dates between April 1, 1984 and January 1, 1990. Procedural stage: appeal. Findings: Found guilty
When:
- April 1, 1984 Incident
- January 1, 1990 Incident
- July 2019 Incident
- October 22 Hearing Or Sentence
- 2022-01-28 Publication
Case subjects
Convicted Person
Charges: 24 counts of indecent assault of his cousin at an address in Co Donegal, on dates between April 1, 1984 and January 1, 1990 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; At an earlier hearing, the Court of Appeal was told by Hugh Hartnett SC, for Patton, that the custodial term imposed by Judge Greally had been "excessive and disproportionate". "The sentences should not have been consecutive and the sentencing judge failed to take into account aspects of rehabilitation," Mr Hartnett added. Redemption is something that should be taken into consideration." Mr Cooney, for the Director of Public Prosecutions, told the court that if a higher sentence of 11 or 12 years had been imposed "that would still have come within the discretion of the judge given the appellant's culpability and the seriousness of the offending". "The sentence was imposed as a result of particular egregious offending and the judge was entitled to impose the sentence she did," counsel.
Places mentioned
Topics
Related court reports
- Court upholds former Defence Force member's conviction for raping fellow soldier
- Lawyers 'concerned' over wait for evidence 20 years on from Denis Donaldson murder
- Ex-garda seeks allowance for services to Irish-language communities
- Sliabh Liag murderers appeal convictions
- Six years for Algerian national who carried out 'violent predatory' sex attack
- 'Shame on you' - rapist refuses to accept jury verdict
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request