DPP v J.M.
| Jurisdiction | Ireland |
| Judgment Date | 02 February 2002 |
| Date | 02 February 2002 |
| Docket Number | [C.C.A. No. 138 of 2000] |
| Court | Court of Criminal Appeal |
Court of Criminal Appeal
Criminal law - Sentencing - Relevant sentencing considerations - Age - Health - Delay - Sexual offences - Whether custodial or suspended sentence appropriate - Whether accused's age appropriate factor - Whether regard should be had to mental and physical health of accused.
The accused, who was 84 years of age, pleaded guilty to indecent assault in the Circuit Criminal Court and was sentenced to three years imprisonment, no part of which was suspended. The offences in question had taken place during periodic intervals between 1946 and 1983. The trial judge granted a certificate of leave to appeal to determine whether or not the age and ill-health of the accused were relevant sentencing considerations; whether in the circumstances of this case, the requirements of justice and proportionality would have been better met by a suspended custodial sentence.
Medical reports indicated that the accused's physical and mental health were in an advanced state of deterioration.
The accused submitted that in imposing a full custodial sentence, the trial judge had given insufficient weight to firstly, the age, mental and physical health and family circumstances of the accused and secondly, the lengthy delay between the commission and trial of these offences.
Held by the Court of Criminal Appeal (Keane C.J., Johnson and O'Higgins JJ.), in allowing the appeal and suspending the sentence for three years, 1, that, in the absence of other circumstances, the age of the accused was not a sufficient consideration, which of itself and by itself, would have justified the trial judge in suspending the sentence imposed.
The People (Director of Public Prosecutions) v. Doyle (Unreported, Court of Criminal Appeal, 24th March, 1994); The People (Director of Public Prosecutions) v. K. (Unreported, Court of Criminal Appeal, 20th March, 1991); The People (Director of Public Prosecutions) v. X. (Irish Times, Central Criminal Court, Carney J., 16th January, 1999) considered.
2. That the trial judge had erred in principle in giving insufficient weight to the unqualified remorse of the accused, the irreparable damage to the accused's standing in the community, the consequences of the accused's disgrace for his own children and the fragile state of the accused's mental and physical health.
3. That the delay between the commission and trial of these offences was not a sufficient consideration, which of itself and by itself, could have justified the trial judge in suspending the accused's sentence, as the conduct of the accused in perpetrating the abuse was a significant factor which had led to the delay in the trial of these offences in the first place.
Semble: That publication of the accused's name should normally be prohibited, unless all victims of such offences, unanimously indicate that both their and consequently, the accused's anonymity, should not be preserved.
Cases mentioned in this report:-
McGee v. Attorney General [1974] I.R. 284; (1973) 109 I.L.T.R. 29.
The People (Director of Public Prosecutions) v. Doyle (Unreported, Court of Criminal Appeal, 24th March, 1994).
The People (Director of Public Prosecutions) v. K. (Unreported, Court of Criminal Appeal, 20th March, 1991).
The People (Director of Public Prosecutions) v. X. (Unreported, Central Criminal Court, Carney J., 16th January, 1999).
Criminal appeal.
The facts are summarised in the headnote and are more fully set out in the judgment of the Court of Criminal Appeal delivered by Keane C.J.,infra.
The accused pleaded guilty to a number of charges of indecent assault at Clonmel Circuit Court (Judge Matthews) on the 2nd May, 2000. On the 29th June, 2000, the accused was sentenced to three years imprisonment in respect of indecent assault, none of which was suspended. The trial judge granted a certificate of leave to appeal to the Court of Criminal Appeal on the grounds that the age and medical condition of the accused constituted circumstances in which the sentence of imprisonment should be suspended.
The appeal was heard by the Court of Criminal Appeal (Keane C.J. Johnson and O'Higgins JJ.) on the 10th December, 2001.
Cur. adv. vult
In accordance with the provisions of s. 28 of the Courts of Justice Act, 1924, the judgment of the Court was delivered by a single member.
| Keane C.J. | 2nd February, 2002 |
This is an appeal from a sentence of three years imprisonment imposed on the accused by the Circuit Court (Judge Matthews) in respect of twenty...
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