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Man who got wholly suspended sentence for raping his wife's sister is jailed for three years following successful appeal by DPP
Summary
In March 2015 the Court of Appeal overturned a wholly suspended seven‑year sentence that had been handed to a 53‑year‑old man for raping and indecently assaulting his wife's younger sister in the mid‑1980s. The man had pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury found him guilty on all counts and the original judge, Mr Justice Garrett Sheehan, had suspended the entire seven‑year term in 2013, citing the need to support the man's family, who had two autistic sons requiring 24‑hour care. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. On 24 March 2015 Mr Justice Seán Ryan, President of the Court of Appeal, imposed a new three‑year prison term, stating the court's aim was "just punishment".
Who, what, where, when and why
What: Report matter: Man who got wholly suspended sentence for raping his wife's sister is jailed for three years following successful appeal by DPP. Charges or matters: two counts of rape and two counts of indecent assault committed against his wife's sister on dates between 1985 and 1986. Procedural stage: appeal. Findings: Found guilty
When:
- June 7, 2013 Incident
- 1985 and 1986 Incident
- 2015-03-24 Publication
Why: However, Mr Justice Ryan said, the judge was wrong because rehabilitation required acceptance of guilt which was absent in this case. CNI source report
Case subjects
Defendant
Charges: two counts of rape and two counts of indecent assault committed against his wife's sister on dates between 1985 and 1986 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; A man who had been given a wholly suspended seven year sentence for raping and indecently assaulting his wife's younger sister in the 1980s has been sentenced to three years in jail following an appeal by prosecutors. Consequently Mr Justice Ryan, who sat with Mr Justice George Birmingham and Mr Justice John Edwards, sentenced the man to three years imprisonment and he was instantly lead away from court to begin serving the new sentence.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
Sexual Offences Stage Appeal Violent Crime
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