Sex offender has appeal dismissed

The Court of Criminal Appeal has dismissed an appeal brought by a man convicted of sexually assaulting two young girls, one of whom he video taped while he was assaulting her, against the severity of his seven year jail sentence.

In October 2006 father of one Michael Holbrook (53), who is currently detained at Arbour Hill prison, was jailed after he pleaded guilty to a number of counts of sexual assaults committed on two girls one aged 12 the other just six on dates between April and October 2004.

After pleading guilty Holbrook received prison sentences totalling twelve years, with the final five suspended.

Today the three Judge Court of Criminal Appeal with Mr Justice Joseph Finnegan presiding, sitting with Mr Justice Kevin Feeney and Ms Justice Mary Irvine dismissed Holbrook's appeal against the severity of the sentence.

The Court also ordered that Holbrook's address, and the location where the offences took place not be published in order to protect the identities of his young victims.

Moving the appeal Counsel for Holbrook Mr Padraig Dwyer SC said that the trial judge had erred by giving to much weight to a report from the probation services that described his client as being of high risk and highly dangerous as far as children are concerned rather than one from the Granada institute which was much more positive.

Counsel also argued that the sentence imposed also failed to have adequate regard of his client to rehabilitate himself.

Opposing the application Counsel for the DPP Mr Conor Fahy BL said that the sentence should not be disturbed and that all relevant factors had been taken into consideration when the judge was formulating his sentence.

Counsel said that the sentencing judge had to take into account that Holbrook was described as being a risk to children.

In dismissing the appeal Mr Justice Finnegan said that the CCA was satisfied the sentence mposed was the correct one and that the sentence "is proportional to the seriousness of the crimes committed".

The judge said "it was difficult to imagine" that there could be sexual assault "of a more serious nature."

The CCA said trial judge had correctly taken into account factors including the psychological effects and injuries the assault had on the young victims.

The court also noted that in the case of the 12 year old Holbrook, in a clam and premeditated manner, had primed her by exposing her to pornographic images, and had on one occasion recorded one of the assaults he had committed on her.