DPP v F (C)

 
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[2011] IECCC 5

THE HIGH COURT CENTRAL CRIMINAL COURT

NO 88. CC/[2008]
DPP v F (C)

Between

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
Prosecutor
v.
C.F.
Accused

2008/88CC - Sheehan - CCC - 28/10/2011 - 2012 11 3233 2011 IECCC 5

CRIMINAL LAW (RAPE)(AMDT) ACT 1990 S4

DPP v D (W) 2008 1 IR 308

DPP v FINN UNREP CCA 29.7.2009 2009/16/3754 2009 IECCA 96

DPP v TIERNAN 1988 1 IR 250

DPP v M 1994 3 IR 306

DPP v MCCORMACK 2000 4 IR 356

SEX OFFENDERS ACT 2001 S10

Criminal law - Sentencing - Sexual offences - Mitigation.

[1] Overview
2

2 [1.1] On the 22 nd July 2011 a jury convicted C.F. in relation to all five counts on the indictment; namely rape, attempted rape, rape contrary to s.4 of the Criminal Law (Rape) (Amendment) Act 1990 and false imprisonment in relation to the complainant B.K. and a count of sexual assault against C.M.

[2] Factual background
2

2 [2.1] All the offences occurred in the early hours of the 16 th September 2007. The circumstances of the sexual assault on C.M. were as follows. C.M. met the accused, C.F., in a fast food restaurant in the town following an evening socialising in pubs and a nightclub. She accepted an offer of a lift home with the accused, went to his car and the next thing she remembered was waking up in the car in a field. The accused was kissing her. She had his penis in her hand and he was touching her vagina. She told him to stop and he did so. He drove her home and he asked her for her telephone number, whereupon she gave him a telephone number and he later gave this to the gardaí when he was arrested in respect of the offences against B.K. the following day. As a result of this the gardaí contacted C.M.

3

3 [2.2] Having left C.M. to her home, C.F. returned to the town where he encountered B.K., who had been out socialising with her then partner in some public houses and a nightclub. She had an argument with her partner and was trying to get a lift home on her own. She had no shoes on and she recalled a car stopping on the street which she got into. The accused, instead of driving her straight home, stopped the car in a country lane and prevented her from getting out. A struggle ensued in the course of which she broke the windscreen with her feet. She was screaming at the accused but calmed down when he said he would drive her home. However, he drove on and stopped again a short while later with the passenger door against a brick wall. The accused jumped on the complainant and a further struggle ensued. She tried to fight him off but was unable to do so as he was stronger than her. He pulled down her jeans and raped her. He did not ejaculate and he then asked her to perform oral sex on him which she did out of fear saying that she believed she would be killed if she did not. He did not ejaculate and then attempted to have anal sex with her. She kept screaming and eventually he stopped trying. He then drove her home. In the course of her struggle with the accused, B.K. suffered considerable bruising to her breasts, chest, arms and legs and she also had bruising on her face.

[3] Facts arising from the sentencing hearing
2

2 [3.1] This Court has taken into account the submissions of counsel for the accused, the probation report furnished to the Court, a number of certificates in respect of courses completed by the accused, the reference of the prison chaplain and the letter the accused...

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