Serial rapist has sentence reduced

The Court of Criminal Appeal has reduced the life sentence imposed on a serial rapist for a sexual assault on a young woman while she walked to a friend's house to one of 13 years in prison.

Today the three judge CCA said that the sexual assault committed by Gerard Kelly was not of the exceptional nature that it merited the imposition of a life sentence.

In January 2007, Kelly (aged 46) of no fixed abode but who was residing at Maureen Avenue, Sandyford, at the time of the offence was jailed for the 2004 aggravated sexual assault of a woman, committed five months after he had completed a 10-year rape sentence.

He pleaded guilty at the Central Criminal Court to aggravated sexual assault of the woman on the night of September 17-18, 2004. Mr Justice Paul Carney imposed a life sentence on Kelly, which was appealed.

Yesterday the three-judge CCA of Mr Justice Joseph Finnegan presiding, sitting with Mr Justice Daniel Herbert and Ms Justice Maureen Clark, imposed a 16-year prison sentence, with the final three years suspended.

The court also imposed a 10-year post release supervision on Kelly.

Kelly's lawyers argued that Mr Justice Carney had erred by imposing a life sentence on Kelly after he had pleaded guilty to the offence and that the "exceptional circumstances" which merit the maximum sentence did not exist in this case.

Opposing the appeal, the DPP said that Mr Justice Carney had imposed an "appropriate sentence".

Yesterday Mr Justice Finnegan said that while the circumstances of this crime were "very shocking", it was the CCA's view that the imposition of a life sentence amounted to an error in principle.

Previously the Central Criminal Court heard that Kelly grabbed his victim while she walked to a friend's house and pushed her onto waste ground after telling her that if she made noise he would "slice" her.

He threatened her that if she told anyone about the incident he would burn down her family home and gave her details to indicate he knew her address and family members.

The victim offered Kelly her phone and money, telling her he did not want that. Kelly handed her phone and money back when the assault ended after telling her several times he was sorry.

Kelly said he committed the crime so that he could be taken back into prison custody.

Prior to the 10-year sentence in November 1999, Kelly had been jailed in 1987 for eight years in England for rape and aggravated burglary.

Kelly was previously jailed for the rape of a pregnant teenager at a football club ground, on Rochestown Avenue, on November 2, 1997, just three months after his return to Ireland.