Man who sexually assaulted another has sentence partially reactivated

A Cavan man who received an 18-month suspended sentence for sexually assaulting another man has had his sentence partially reactivated by Mr Justice Paul Carney at the Central Criminal Court.

Kevin Reilly (aged 24) was given the 18-month sentence by Mr Justice Carney in November 2006 after pleading guilty to sexually assaulting a male on March 28, 2005. It was suspended on condition that Reilly keep the peace and be of good behaviour for three years.

Reilly, with an address at Cavan Road, Cootehill and formerly at Drumeague, Bailieboro pleaded guilty last year at Mullingar District Court to committing offences during the period of the suspended sentence.

Garda Eileen Delaney told prosecuting counsel, Ms Monica Lawlor BL, that on July 29, 2008 at Mullingar District Court Reilly was given a six-month sentence after he pleaded guilty to criminal damage and two assaults which took place in June 2008.

Mr Justice Carney said there had been "defiance and contempt in a serious fashion" of the order made by the court that Reilly should be of good behaviour for three years.

Mr Justice Carney said he was taking into account the six-month sentence imposed by the District Court and reactivated 12 months of the suspended sentence.

Defence counsel, Mr John Peart SC, earlier submitted that Reilly was not properly before the court as the District Court Judge had not been made aware of legislation relating to the reactivation of suspended sentences imposed by other courts before he imposed sentence.

Mr Justice Carney ruled that the court had "inherent jurisdiction to see that its orders were obeyed".

During the sentence hearing in November 2006 Garda Barry Doyle told Mr Eanna Mulloy SC (with Ms Lawlor), prosecuting, that Reilly took his victim to a dilapidated house where he pulled the man's tracksuit bottoms and underwear down before pressing his penis against the man's naked backside.

The victim let a roar out and stormed out of the house but Reilly followed after him and made him take a lift on his moped. When he jokingly said that they should go back to the house for "another ride" the victim jumped off the bike, injuring his knee.

Reilly was 19 years old at time of the offence. He had no previous convictions and had not come to the attention of gardaí before.

Mr Justice Carney took into account that Reilly was previously of good character and the amount and type of drink he had taken that night.

He didn't consider it necessary to certify Reilly under the sex offenders register as he said this would have a devastating affect on his life.