DPP v T.C.

 
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[2014] IECA 62

THE COURT OF APPEAL

Sheehan J.

Birmingham J.

Sheehan J.

Mahon J.

97/12

The People at the Suit of the Director of Public Prosecutions
Respondent
V
T.C.
Appellant

Sentencing – Sexual assault – Manifestly excessive sentence – Appellant seeking to appeal against sentence – Whether sentence was manifestly excessive

Judgment of the Court (ex tempore) delivered on the 8th day of December 2014, by Mr. Justice Sheehan
1

This is an appeal against sentence.

2

On the 24th February, 2012, the appellant pleaded guilty to six counts of sexual assault. These were deemed to be sample counts on a 21 count indictment. The appellant was sentenced to seven years imprisonment on each of the six counts all to run concurrently and to be backdated to the 1st January, 2011. In addition the learned sentencing judge placed the appellant on the sex offenders register and also imposed a seven year post release supervision order subject to certain conditions.

3

The appellant submits that the sentence imposed was excessive and in these circumstances disproportionate. He further submits that the learned sentencing judge failed to take proper account of the mitigating factors. The appellant contends that the learned sentencing judge erred in principle in failing to consider properly s. 29(1) of the Criminal Justice Act 1999, in view of the early plea of guilty as well as the appellant's cooperation with the gardaí.

4

It was further submitted that the sentencing judge failed to give sufficient weight to professional reports submitted on behalf of the appellant.

5

The respondent submits that the learned trial judge did not err in law or fact apart from one matter which we will deal with in the course of this judgment and that given the serious nature of the offences, the sentence was wholly proportionate to the crimes committed by the appellant.

Background facts
6

The appellant married the victim's mother and they moved to Ireland. The sexual abuse started in 1984 with an incident involving french kissing and proceeded by way of the appellant teaching the victim the facts of life when he touched her private parts and got her to masturbate him. The offender went on to have oral sex and then...

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