Judgment Date01 January 1994
Neutral Citation1993 WJSC-SC 3440
Docket Number[S.C. No. 353 of 1991]
CourtSupreme Court
Date01 January 1994

1993 WJSC-SC 3440


Finlay C.J.

O'Flaherty J.

Egan J.

Blayney J.

Denham J.

DPP v. G







Imprisonment - Duration - Mitigation - Factors - Guilt - Admission - Conviction on twelve counts of rape - Abuse of young girls by male babysitter aged 19 years - Accused abused sexually when a child - Sentences of penal servitude for life reduced to sentences of penal servitude for fifteen years - (353/91 - Supreme Court - 11/11/93) - [1994] 1 I.R. 587

|The People v. G.|


JUDGMENT delivered on the 11th day of November 1993by FINLAY C.J. [NEM DISS]


This is an appeal brought by the accused against sentence only in respect of an order made by Carney J. in the Central Criminal Court convicting him on a plea of guilty to twelve counts of rape contrary to common law and as provided for by section 2(1) of the Criminal Law (Rape) Act 1981, and imposed upon him twelve concurrent sentences of penal servitude for life.The twelve counts on the indictment were described by counsel for the prosecution at the hearing in the Central Criminal Court, and accepted by the accused, for the purpose of the sentencing procedure, to be representative counts in relation to conduct which had occurred between him and three young girls between the years 1982 and 1988 when the girls were, respectively, between six and twelve years of age. In a full statement the accused admitted to something over four hundred occasions on which he had either sexually interfered with or raped these three children. Two of the children were his nieces and the third was a neighbour's child. The incidents all took place while he was babysitting. The accused is now thirty years of age. The incidents first came to light when one of the victims informed her parents in March 1990, and on further investigation the interference with the other victims was revealed. Upon being interviewed for the first time in June of 1990 the Appellant made full disclosure in a lengthy statement voluntarily givenby him to the Garda Siochana and added some further details in a further statement some weeks later. He was arrested and charged with the offences pursuant to his own statements in March of 1991, and very shortly thereafter he made it clear that he intended to plead guilty to the offences with which he was charged. He gave to his counsel upon the hearing of the issues with regard to sentence specific instructions not to contest any issues of fact.


There was evidence before the court, which the learned trial judge accepted, that the Applicant himself as a child had been grossly and seriously sexually abused, and lead by certain individuals into perverse sexual conduct.


In the course of his ruling leading up to the imposition of the twelve concurrent sentences of penal servitude for life the learned trial judge stated as follows:


"Now I have an obligation to take various matters into account. One is normally concerned with punishment for offences, but as I indicated to the accused's father that in the context of this case it is not a particular consideration of mine because I have so many other major matters to concern myself with. I have the protection of society to concern myself with - the protection of other persons. I have a duty towards the accused to take account of such factors as operate in his favour and in this case there are, in fact, several. He has pleaded guilty. He...

To continue reading

Request your trial
16 cases
  • DPP v Bambrick
    • Ireland
    • Circuit Court
    • 26 July 1996
    ...AGAINST THE STATE (AMDT) ACT 1940 S4(1) RYAN V DPP 1989 IR 399 CRIMINAL JUSTICE ACT 1984 S11 DPP V JACKSON UNREP CCA 26.4.93 DPP V G 1994 1 IR 587 DPP, PEOPLE V TIERNAN 1988 IR 250 CONSTITUTION ART 40 PREVENTION OF CRIME ACT 1908 Synopsis: CRIMINAL LAW Sentence Manslaughter - Repetition -......
  • R.McC. v DPP
    • Ireland
    • Supreme Court
    • 25 October 2007
    ...to describe in detail her rape and face the ordeal of cross 46 examination. " 47 Similarly in the Director of Public Prosecutions v. G [1994] 1 IR 587, having referred to this passage from the Tiernan case, Finlay C.J. stated at p. 591: 48 "With the judgment 1 delivered in that case, Walsh ......
  • Paul Begley v DPP
    • Ireland
    • Court of Criminal Appeal
    • 15 February 2013
    ...1988 IR 250 DPP v HUGHES UNREP CCA 29.11.2012 DPP v D UNREP CCA 21.5.2004 2004/15/3386 2004 IECCA 8 CRIMINAL JUSTICE ACT 1999 S29 DPP v G 1994 1 IR 587 CRIMINAL JUSTICE ACT 1999 S29(2) DPP v REDMOND 2001 3 IR 390 DPP v CUNNINGHAM 2002 2 IR 712 EEC REG 2658/1987 ANNEX I EEC REG 1006/2011 C......
  • Coleman and Others v Ireland and Others
    • Ireland
    • High Court
    • 6 July 2004
    ...PROCEDURE ACT 1967 S4(B)(1) CRIMINAL JUSTICE ACT 1999 S9 F (S) V IRELAND UNREP SUPREME 22.3.2002 2002/11/2693 RSC O.84 r21(1) G V DPP 1994 1 IR 587 B V DPP 1997 3 IR 140 L (P) (LENEHAN) V DPP & BUTTIMORE UNREP HERBERT 16.4.2002 2002/15/3585 EIRE CONTINENTAL TRADING CO V CLONMEL FOODS LTD ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT