DPP v D (J)

 
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1998 WJSC-CCC 5435

CENTRAL CRIMINAL COURT

DPP v. D (J)
DIRECTOR OF PUBLIC PROSECUTIONS
v.
J. D.

Citations:

DPP V JACKSON UNREP CCA 26.4.93

G V DPP 1994 1 IR 587

Synopsis:

Criminal

Sexual offences; delay; prohibition; applicant engaged in counselling following allegations of sexual assault by daughter; long delay between end of counselling and initiation of prosecution following making of formal complaint; whether prosecution of applicant unfair Held: Prohibition refused; counselling and prosecution distinct and not mutually exclusive; no unfairness High Court: Barron J. 21/02/1997

J. v. D.P.P.

1

SENTENCE IMPOSED THE 27TH DAY OF APRIL, 1995 BY THE HONOURABLE MR. JUSTICE CARNEY.

MR. JUSTICE CARNEY.
2

The accused has pleaded guilty to the heinous crime of raping his mother. She was at the time 68 and he was 40. This outrage took place at 6.30 a.m. on Sunday morning, the 7th of June 1992, when the accused's mother came downstairs to take her diabetic injection. The events which happened earlier and thereafter are described by the accused in his immediate confession in the following terms:-

"Last Saturday night, the 6th of June 1992 some time around 9.00 p.m. I went to Cronins Pub in Market Street. I was drinking pints of cider there until closing time. I have no idea how many pints I had but I drank a lot anyway. I was drinking on my own. I remember at closing time I brought home bottles of cider, but I don't know how many. When I arrived home the mother was in bed. I sat in the kitchen drinking the cider, and listening to music. I stayed in the kitchen most of the night. I remember some time early in the morning my mother came downstairs, as she always does, to take her injection. When she came into the kitchen, I just grabbed her. When I have drink in me I just keep thinking about children and adults and adults and children and how adults chastise children. When I see a woman I just want to have sex with her. The only reason I want to have sex with women is that I want to show them that they have no authority to chastise children. I know it is wrong but it is my way of dealing with them. I threw my mother on the ground and tied her hands with a blue clothes line - that is some of it ye have there. I went to the shed and brought in an old mattress and put her on it. I am not sure man but I tied her legs also. Look man, when I get this thing into my head and have drink in and see a woman I just go for them. I don't care who they are. I went to bed after that. My mother never hits children. I just don't know what happened to me".

3

No issue has been raised as to the accused's mental capacity either at the time of the offence or now. Accordingly, he is fully criminally responsible for the acts which he has admitted to. The accused has strongly held - and so far as he is concerned genuinely held - vi which so far as society is concerned would be regarded bizarre and dangerous. His views would be described in contemporary language as being "off the wall". From the admissions of counsel and the reports placed before me I satisfied:

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(a) the accused has the strongest of views against the chastisement of children.

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(b) he believes women participate in the chastisement c??? children.

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(c) he believes that to have sex with a woman is a demonstration to her that she has no authority to chaste children.

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(d) when he sees a woman he wants to have sex with her demonstrate this truth to her.

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(e) he believes - and this is an express assertion by counsel - that by attacking women he is protecting the unborn.

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(f) psychiatric opinion is that from the age of 12 the accused has had a tendency to attack women and that the is no likelihood of this aspect of his behaviour changi in the near future.

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(g) the accused does not accept that rape is a crime legally or morally. He does accept the criminality of non-sexual assaults.

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(h) psychiatric opinion is that he is a danger to society and should not be allowed out on his own in the community.

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(i) the accused expresses a desire to hang around children and, "be their friend". He has in relation to children a mission, the terms of which he will not reveal.

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(j) he has an anger against women in relation to abortion which he is powerless to control, especially when he has alcohol taken.

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(k) his anger is uncontrollable and is capable of being directed at any woman. He manifests no remorse for his actions.

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To take account of all the circumstances of this case I would wish to sentence the accused on the following basis -

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(a) taking account of the nature of his crime and all factors militating both in his favour and against him;

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(b) ensuring that he would not be released until in the opinion of the appropriate experts his release was safe from the point of view of society in general and women in particular. I am, however, circumscribed by the decisions of courts superior to my own whose decisions are binding on me.

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In D.P.P. v. James Jackson (Court of Criminal Appeal judgment delivered (ex tempore) the 26th of April 1993 by Hederman J.) I sought to protect women and prostitutes in particular by imposing a life sentence with a view to ensuring that the accused would not be released until it would be safe to release him. At page 2 of the judgment Hederman J. said, "It is submitted on behalf of the applicant that what in fact the Central Criminal Court ???di??? in this instance...

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