DPP v D (J)

• Jurisdiction: Ireland
• Court: Central Criminal Court (Ireland)
• Judge: Mr. Justice Feargus M. Flood
• Judgment Date: 29 July 1997
• Neutral Citation: 1998 WJSC-CCC 5444
• Docket Number: Bill No. C.C. 0011 of /1997
• Date: 29 July 1997

1998 WJSC-CCC 5444

CENTRAL CRIMINAL COURT

Bill No. C.C. 0011 of /1997

DPP v. D (J)

BETWEEN

D.P.P.

PLAINTIFF

AND

J.D

DEFENDANT

Citations:

CRIMINAL LAW (RAPE) (AMDT) ACT 1990 S4

CRIMINAL LAW (RAPE) (AMDT) ACT 1990 S2

Synopsis:

Criminal

Sentencing; paedophiliac acts; accused found guilty of sexual assualt and rape; child victims; whether accused should receive a custodial sentence; factors to be taken into consideration; admission of guilt Held : Custodial sentence imposed; accused to receive sexual therapy

Central Criminal Court: Flood J. 29/07/1997

D.P.P. v. J.D.

1 Judgment of Mr. Justice Feargus M. Flooddelivered the29th day of July1997.

2 The Accused in this matter has pleaded guilty to four counts of rape contrary to Section 4 of the Criminal Law Rape (Amendment) Act, 1990and three courts of sexual assault contrary to Section 2 of the Criminal Law Rape (Amendment) Act, 1990.

3 The underlining facts of this case are these.

4 In August 1991 Ann K. O'H and her husband B came to reside in a coastal town in the County of Galway with their then two daughters. T aged 16 and F aged 9. Her youngest daughter, Sarah was born shortlythereafter.

5 Her brother-in-law, Ulick O'H and his wife and two children V. O'H and A. O'H resided nearby. These two children were aged between 5 and12.

6 S. O'H, a sister of the fathers of both families came to reside nearby and some time later the Accused, an American citizen whom S. O'H had met on holidays came to Ireland and went to reside with S. O'H. He was accepted by the extended family assomething of an uncle-like figure. He befriended all the children giving them sweets and indeed acted from time to time as baby-sitter for the respective families. S.O'H, his partner worked during the week and sometimes at weekends and the Accused would be in their house and the children would come up to him.

7 In September 1996, it came to the knowledge of Ann K. O'H through a conversation with her daughter that the Accused used to play games with the children in his home requiring them to strip while he stripped and also requiring them to lick his penis and on occasion he put his tongue in their vaginas and carried out other acts of a crude sexualdescription.

8 It would appear that this conduct had been going on for something in excess of two years when it was discovered in September 1996.

9 On being confronted by Ann K. O'H and her sister-in-law, S. O'H he admitted his guilt and subsequently after a complaint had been made to the Gardai he made a full statement.

10 After been confronted by the families he left the area and attempted to get an aircraft back to the United States and was apprehended on the aircraft by the Gardai. I have heard evidence from the parents of both these...