DPP v KK
| Jurisdiction | Ireland |
| Judge | Denham J. |
| Judgment Date | 17 October 2001 |
| Neutral Citation | 2001 WJSC-CCA 1863 |
| Court | Court of Criminal Appeal |
| Date | 17 October 2001 |
2001 WJSC-CCA 1863
THE COURT OF CRIMINAL APPEAL
Denham J.
Kinlen J.
O Caoimh J.
Citations:
CRIMINAL LAW (RAPE)(AMDT) ACT 1990 S3
OFFENCES AGAINST THE PERSON ACT 1861 S47
CRIMINAL LAW (RAPE)(AMDT) ACT 1990 S4
LARCENT ACT 1916 S23(a)
CRIMINAL LAW (JURISDICTION) ACT 1996 S6
CRIMINAL LAW (RAPE)(AMDT) ACT 1990 S2
CRIMINAL JUSTICE (ADMINISTRATION) ACT 1924 S12
DPP, PEOPLE V S (M) 2000 2 IR 592
Synopsis:
CRIMINAL LAW
Sentence
Leave to appeal - Sexual offences - Consecutive sentence imposed - Offence committed whilst on bail - Whether sentences imposed unduly harsh (110/1999 - Court of Criminal Appeal - 17/10/01)
DPP v K (K)
The applicant had been convicted of certain sexual offences. The applicant received sentences to run concurrently and also received a sentence to run consecutively. The applicant sought leave to appeal against the sentences imposed arguing that they were too harsh and that the trial judge had not taken the applicant's past into account. Mrs. Justice Denham , nem. diss., held that the offences had been accompanied with gratuitous violence and an offence had been committed whilst on bail. Leave to appeal was refused.
Denham J.on the 17th day of October, 2001.
The defendant came before the Central Criminal Court charged on three Bills of indictment. Indictment Bill No. CC0067/98 being:
Aggravated sexual assault, contrary to section 3 of the Criminal Law (Rape) Amendment Act, of 1990.
K.K. between 10 o'clock p.m. on 12th May, 1997 and 2 o'clock a.m. on 13th May 1997 at...in the County of Donegal sexually assaulted C.F., a female person, in circumstances which involved serious violation of C.F.
Assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act, 1861.
K.K. between 10 o'clock p.m. on 12th May, 1997 and 2 o'clock a.m. on 13th May, 1997 at...in the County of Donegal assaulted C.F. thereby occasioning her actual bodily harm.
The defendant was also before the Central Criminal Court on Bill No.CC31/98.
Attempted Rape.
K.K. on the 21st day of April, 1997 at..., in the County of Roscommon attempted to have sexual intercourse with one M.G., a woman, knowing she did not consent to it and being reckless as to whether she did or did not consent to the said attempted sexual intercourse.
Rape contrary to section 4 of the Criminal Law (Rape) (Amendment) Act, 1990.
K.K., a male person, on the 21st day of April, 1997 at the dwelling house of one M.G., ..., in the County of Roscommon, sexually assaulted one M.G., a female person, in circumstances which included the penetration of the month of M.G. with his penis.
Burglary contrary to section 23(a) of the Larceny Act, 1916 as inserted by section 6 of the Criminal Law (Jurisdiction) Act, 1996.
K.K., on the 21st day of April, 1997 at..., in the County of Roscommon, entered as a trespasser the dwelling house of one M.G. with intend to rape the said M.G.
Aggravated sexual assault contrary to section 3 of the Criminal Law (Rape) (Amendment) Act, 1990.
K.K., a male person, on the 21st day of April, 1997, at the dwelling house of one M.G.,...,in the County of Roscommon, sexually assaulted one M.G., a female person, in circumstances which involved serious violence (or the threat of seriousviolence such as to cause injury, humiliation or degradation of a grave nature) to M.G.
Sexual assault contrary to section 2 of the Criminal Law (Rape) (Amendment) Act, 1990.
K.K., a male person, on the 21st day of April, 1997, in the dwelling house of one M.G., ..., in the County of Roscommon sexually assaulted one M.G., a female person.
The defendant was also before the court on Bill No. 11/99, being:
Attempted rape.
K.K. on the 16th February, 1998, at..., Sligo, within the State attempted to rape S.R., a female.
Aggravated sexual assault contrary to Section 3 of the Criminal Law Rape Amendment Act, 1990.
K.K. on the 16th February, 1998 at..., Sligo, within the State sexually assaulted S.R. in circumstances involving serious violence to the said S.R.
Bill No. CC0067/98 came before Mr. Justice Carney in the Central Criminal Court. The matter came into the list for arraignment on the 16th of April, 1999 and the defendant pleaded guilty to Count No. 1 on the indictment. The court heard the submissions of the parties and had the benefit of victim impact reports and probation and welfare reports. The court ordered that the accused be imprisoned for five years on Count No. 1, such sentence to date from the23rd of March, 1999. The court suspended unconditionally the final six months of the said sentence of five years. The court granted leave to counsel for the Director of Public Prosecutions to enter a nolleprosequi in accordance of section 12 of the Criminal Justice (Administration) Act, 1924in respect of the remaining count in the indictment therein.
Bill No. CC0031/98 came before Mr. Justice Carney in the Central Criminal Court also on the 16th day of April, 1999. The matter had come into the list for trial on the 7th of December, 1998 and the defendant having been arraigned pleaded guilty to Count No. 2 on the indictment. The court having heard the submissions of the parties adjourned the impositions of sentence to the 22nd of January, 1999 and directed that a probation and welfare and victim impact report be obtained. On the matter coming before the court on the 22nd January, 1999 and the court having heard the further submissions of the respective parties adjourned impositions of sentence to the 16th of April, 1999. And the matter coming before the court on the 16th of April, 1999 for sentence and the court having heard and further evidence adduced and the further submissions of the party did order that the accused be imprisoned for seven years on Count No. 2, such sentence to date from the 23rd of March, 1999. The court suspended the final years of the said sentence of seven years unconditionally. The court granted leave to counsel for the Director of Public Prosecutions to enter a nolle prosequi in accordance with section 12 of the Criminal Justice Act, 1924 in respect of the remaining counts on the indictment herein.
Bill No. CC0011/99 came before the Central Criminal Court (Carney J.) on 16th April, 1999, the defendant having been arraigned pleaded guilty to Count No. 1.
The court having heard the submissions of the respective parties and further evidence, the court ordered that the accused to be imprisoned for 5 years on Court No. 1 such sentence to begin at the legal expiration of the sentence of 7 years imposed in Bill No. CCC0031/98 on the same date. The court suspended the...
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