The DPP believed that the sentencing judge was unduly lenient when he jailed the man for seven years over 72 counts of rape and sexual assault
A CHILD RAPIST who led a “double-life” while raping and sexually abusing his former partner’s daughter over the course of a decade has had his jail term increased by the Court of Appeal.
Mr Justice Edwards said the sentencing judge, Mr Justice Paul McDermott, identified a 15-year headline sentence before mitigation, which resulted in a final sentence of ten years, the final three years of which were suspended. Today, Mr Justice Edwards said the court did not believe there was an error made by the sentencing judge in identifying 15 years as a headline sentence and that physical and mental frailty had to be taken into account by the sentencing judge.
The judge said that while the defendant was now just shy of his 79th birthday he had caused his victim a “profound harm and she carries that with her to this day”. She said that now that “this horrible abuse” has been acknowledged, she can finally breathe and live her life as she should always have been able to live it.In his separate, failed conviction appeal last month, the male argued that there had been inadequacies in the case against him because gardaí failed to take statements from family members and that two of those – a grandmother and an uncle – were now deceased.
The judge said that the appellant’s counsel was unable to point to any case law to say that the obligation on gardaí in their investigation extended to interviewing all possible witnesses as to collateral matters, “and even if so, where the line was to be drawn in that regard?”
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