DPP v Bartley

• Jurisdiction: Ireland
• Judge: Mr. Justice Carney
• Judgment Date: 13 June 1997
• Neutral Citation: 1998 WJSC-CCC 5331
• Docket Number: C.C. 0070/96
• Court: Central Criminal Court (Ireland)
• Date: 13 June 1997

1998 WJSC-CCC 5331

CENTRAL CRIMINAL COURT

C.C. 0070/96

DPP v. BARTLEY

SENTENCE

THE DIRECTOR OF PUBLIC PROSECUTIONS

APPLICANT

AND

JOHN BARTLEY

DEFENDANT

Citations:

CREAGH V GAMBLE 1887 24 LRI 458

PUNISHMENT OF INCEST ACT 1908

CRIMINAL LAW (INCEST PROCEEDINGS) ACT 1995

R V DYTHAM 1979 QB 722

Synopsis:

Criminal

Sentence; victim impact; effect of rejection of victim's credible complaints; duty of Gardai to investigate complaint of felony Held: Sentence imposed taking account of victim impact Central Criminal Court: Carney J. 13/06/1997

D.P.P. v. Bartley

Mr. Justice Carney

1 The Courts is recent years have been focusing more on victim impact than was traditional in the past. In this case the victim was failed when her cries for help were cruelly rebuffed by her parents in the first instance and then by a number of members Raheny Garda Station including a Sergeant. What she says about her treatment at the hands of the Raheny guards is accepted as true by the Garda now responsible for bringing charges before this Court.

2 The effect of the rejection of the victims credible complaints has been that she was incestuously abused for a quarter of a century longer than was necessary, that she bore a child by her step brother, that she was incestuously abused while married, that she developed suicidal tendencies and that she was seriously intimidated and beaten. She says herself that she has not had a life.

3 It is not entirely clear at what age sexual abuse started but it was prior to the age of 12. She complained on two occasions to her parents and that resulted in her getting a hiding and being put out of the house. This was around the age of 12½. She went to Raheny Garda Station where one of the policemen to whom she complained apparently in the presence of a sergeant said "well, did you not enjoy that? Did you not feel good about all the fondling and what your brother was doing? You must have got something out of it." She left the police station crying.

4 In the light of what has happened in particular in relation to Raheny Garda Station some old law which still holds good requires to be restated. Where a credible complaint of felony is made to a policeman, he has no discretion under the Common Law not to investigate it and apprehend a named offender. A failure to carry out this duty vigorously constitutes an illegality on the policeman's part and renders him liable to prosecution on indictment.

5 InCreagh -v- Gamble 1887 XXIV L.R.I. p. 458, Pallas C.B. said:-

"A person against whom a reasonable...