DPP -v- T.C., [2009] IECCA 63 (2009)

Docket Number:141/08
Party Name:DPP, T.C.
Judge:Denham J.
 
FREE EXCERPT

THE COURT OF CRIMINAL APPEAL[Appeal No: 141/08]

Denham J.

McKechnie J.

O'Keeffe J.

Between/

The People at the suit of the Director of Public Prosecutions

Prosecutor

and

T.C.

Applicant

Judgment of the Court delivered the 23rd day of June, 2009 by Denham J.

1. T.C., the applicant, was charged with fifteen counts, five of sexual assault and ten of rape, from three separate complainants. He was tried in the Central Criminal Court in February, 2008. He was sentenced to fourteen years imprisonment with one year suspended, being a total of thirteen years imprisonment.

2. Before the indictment was severed there were three complainants, C.H., born on the 14th February, 1989, S.H. (a sister of C.H.), born on the 16th April, 1987, and J.B., born on the 16th November, 1990. J.B. was involved in a sexual relationship with S.H. at the time of the commission of the offences.

3. There was one allegation of sexual assault against J.B. which was severed from the indictment. The applicant is currently awaiting trial in relation to the count of sexual assault on J.B.

4. The offences are alleged to have occurred between the 16th April, 2002 and the 1st December, 2004.

5. An application to sever the indictment so that the three complaints be tried separately was refused, but the complaint of J.B. was severed.

6. The applicant was convicted in February 2008 of some of the counts of rape and sexual assault on the indictment, acquitted on one count and the jury disagreed on other counts.

7. The applicant was sentenced as follows:-

(a) In respect of the rapes of S.H. at a specific place (Count 3), 6 years imprisonment. In respect of the second rape (Count 4), 7 years imprisonment to be served concurrently.

(b) In respect of the rapes of C.H. the first rape in time, (Count 7), 6 years imprisonment. In respect of the rape on the 22nd November 2004 (Count 12), 7 years imprisonment. The Count 12 sentence was made consecutive to that of Count 4, i.e. the 7 years sentence for rape of C.H. was made consecutive to the 7 year sentence for rape of S.H., giving a total of 14 years imprisonment.

(c) A sentence of 4 years imprisonment was imposed in respect of the sexual assaults concurrent to the six year sentence in respect of each first rape.

(d) To give some light at the end of the tunnel, the final year of the 14 year sentence was suspended unconditionally.

8. It is relevant to note the exact results on each count. They were as follows:-

· Count No. 1: The jury disagreed

· Count No. 2: The jury disagreed

· Count No. 3: Guilty by a majority of 10 to 2

· Count No. 4: Guilty by a majority of 10 to 2

· Count No. 5: Applicant found not guilty

· Count No. 6: Applicant...

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