Serial rapist succeeds in sentence appeal

A serial rapist jailed for 12 years for the rape and sexual assault of his daughter has today succeeded in having a third of his sentence suspended on appeal.

The Court of Criminal Appeal today found that the 12-year sentence imposed on the man, who cannot be named to protect the identity of the victim, was excessive in circumstances where it was ordered to run consecutively to a 12-year tariff he is currently serving for the rape of two other girls.

In May last year the man pleaded guilty at the Central Criminal Court to three counts of raping the girl on dates between April 2000 and April 2007, beginning when she was just eight years old, and one count of sexual assault on a date unknown between May and June 1998.

Mr Justice Paul Carney directed that the sentence begin upon the expiration of another 12-year term imposed on the man after he pleaded guilty to the rape of two girls in May 2007.

Counsel for the applicant, Mr Padraig Dywer SC, told the court that Mr Justice Carney failed to have regard to the totality principle when imposing a consecutive 12-year sentence.

He said that although he did not take issue with the 12-year sentence imposed, the court should have taken in to account the overall impact such a consecutive sentence would have on the man.

Mr Will Fennelly BL, for the State, said that Mr Justice Carney was clearly of the view that the case was a very serious one which could have merited a sentence of life imprisonment.

Mr Justice John Murray, presiding, said the court found that the offences were “grave and appalling” and the sentence of 12 years imposed by Mr Justice Carney “could not be called in to question”.

He said the court found that although Mr Justice Carney was correct in his assessment of the gravity of the offence, he erred in principle by treating the sentence imposed as distinct and wholly separate from the first term of 12 years.

Mr Justice Murray said that the applicant should serve a lengthy term of imprisonment to reflect the seriousness of the offences and that the 10-year post-release supervision order as imposed by Mr Justice Carney should be upheld.

However, having regard to the totality principle, he said the court would substitute the sentence imposed with one of eight years, to run consecutively to the 12-year sentence the man is currently serving.

Mr Justice Murray said that the total sentence of 20 years, in combination with a post-release supervision order of 10 years, meant that the man would spend a total of 30 years under the supervision of the authorities.