Court halves prison sentence for serial sex offender

A serial sex offender once described by a judge as a "walking menace to every female" has had the six year prison sentence he received for sexually assaulting a young Japanese woman halved by the Court of Criminal appeal.

In February 2007, Derek Caffrey (aged 41), Edenmore Gardens, Raheny, received the new six-year term at Dublin Circuit Criminal Court for sexually assaulting the woman on February 12, 2006 in the female toilet at Barry's Hotel, Great Denmark Street, near the city centre.

Caffrey was sentenced, by Judge Frank O'Donnell, to six years imprisonment.

The judge directed that it be consecutive to the six-year prison sentence Caffrey received in December 2006 at the Central Criminal Court for sexually assaulting a 29-year-old woman near his home on November 1, 2002.

In addition to these Caffrey has three further previous convictions for sex offences.

Today, the three-judge CCA of Mr Justice Hugh Geoghegan, presiding, sitting with Mr Justice Liam McKechnie and Mr Justice John MacMenamin found that the six-year sentence Caffrey received in 2007 was "excessive."

The CCA decided to suspend the final three of the six-year sentence, if Caffrey adheres to certain conditions.

Michael Bowman BL for Caffrey said that the appeal was being brought on the grounds that the sentencing judge had erred by failing to include an aspect of rehabilitation built into the sentence imposed, and that the judge had failed to properly take into account the totality of the sentence imposed.

Judge O'Donnell, counsel added, also failed to take into account Caffrey's personal circumstances. Mr Bowman added that his client had a terrible past and suffered from psychiatric conditions.

Opposing the appeal Cathleen Noctor BL for the DPP said that Judge O'Donnell had not erred and that the sentence should stand.

Counsel said that Caffrey's previous convictions for sexual offences was an aggravating factor, and added that Caffrey had "no insight" into the difficulties he had caused his victims.

Mr Justice Geoghegan said that this was "a troublesome case."

However, after "careful consideration of all the circumstances" the judge said the CCA believed that the six-year sentence imposed by Judge O'Donnell, in addition to the sentence he was already serving, was "excessive."

The CCA imposed a six-year sentence with the final three years suspended on condition that Caffrey enter into a bond of good behaviour.

On his release from prison he must attend with the Probation and Welfare services three times a week and in a sober condition.

Caffrey must also make himself available for alcohol and drug tests, and must comply with any directions or drug regime imposed by the probation services.

Last year, the Dublin Circuit court heard that Caffrey had asked to join the Japanese woman and her boyfriend who were drinking in the hotel bar, telling them he was a security man.

The victim went to the ladies toilet and while in a cubicle heard someone call out. When she opened the cubicle door, Caffrey was there and he grabbed her.

The girl managed to get away and her screams attracted hotel staff. A doorman stopped Caffrey leaving before gardaí arrived.

He claimed he "didn't go near the girl", she had fallen down and he was helping her up.

Judge O'Donnell said that "the female population of the country have to be protected from him (Caffrey)" and that he was "a walking menace to every female".

He directed that Caffrey undergo post-release supervision for four years following his release.

The court was previously told the Caffrey had claimed to be a victim of sexual attacks when he worked in the merchant navy.