College dropout has jail time cut for trying to rape homeless man on street in Cork

The court increased the suspended part of the sentence since the appellant "has more difficulties to overcome than many others would have"

The Court of Appeal reduced the appellant’s jail time by one year, meaning he was now free to go after it emerged he had been in custody for just over three years. File photo

A college dropout who was caught on security cameras trying to rape a homeless man on the street is to leave custody after his jail time was reduced by one year on appeal.

William Dollard (32) was jailed for four years after a jury found him guilty of the sexual assault and attempted anal rape of a 61-year-old male at a location in Co. Cork on May 30, 2017.

Dollard later launched appeals against both conviction and the sentence of five years and six months with the final 18 months suspended, which had been handed down by Mr Justice Paul McDermott at the Central Criminal Court in June 2020.

Although the appeal against the conviction was dismissed, the Court of Appeal reduced the appellant’s jail time by one year, meaning he was now free to go after it emerged he had been in custody for just over three years.

It had been submitted to the court that Mr Justice McDermott erred by holding that Dollard’s arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 had been “exercised lawfully by gardaí”.

It was also submitted that the judge erred by holding that gardaí had lawfully seized his clothing after his arrest and “consequently the evidence obtained was admissible”, while the length of the sentence imposed had been excessive.

In a written judgment delivered on Thursday by Mr Justice John Edwards, sitting with Court President Mr Justice George Birmingham and Mr Justice Patrick McCarthy (in absentia), the three-judge court found the appellant’s “complaint based on the lawfulness of the arrest to be wholly misconceived”.

The arresting garda, the judge noted, had “legitimate concerns” after viewing CCTV footage of the attempted rape and the trial judge was correct to rule that Dollard’s arrest had been lawful.

Regarding the appeal against the severity of the sentence, Mr Justice Edwards noted a “custodial sentence was undoubtedly required in this case”. But the judge also noted that due to a combination of unfortunate circumstances, the appellant, a former university student, had “become homeless and was now on the margins of society”.

“In so far as reaching rehabilitation and being reintegrated into society is concerned, he has further to travel and has more difficulties to overcome than many others would have,” he stated.

With this in mind, Mr Justice Edwards said the court was going to increase the suspended portion of Dollard’s sentence from 18 months to two years and six months – leaving the appellant with a three-year custodial term.

The judge then informed Dollard that because his original sentence had been backdated to February 2019, he was due to be released from custody “imminently” and should contact his solicitor.

Earlier this week, Seamus Clarke SC, for Dollard, told the appellate court his client had been detained after a garda had viewed footage of the attempted rape, recorded by CCTV equipment installed at a nearby premise. At that stage, counsel said the heavily intoxicated victim was not willing to make a complaint.

His client was then arrested under Section 24 of the Criminal Justice (Public Order) Act 1994. Counsel told the court that arrests of this type were usually made when someone was perceived to be either a danger to the public or themselves.

Mr Clarke claimed that in this case the legislation had been used as a “colourful device” to arrest his client to make sure he would be available if gardaí needed to act on any complaint of sexual assault. “What flows from that arrest is a seizure of clothes,” Mr Clarke said.

The defence barrister also told the court the sentence imposed on his client had been “excessive in all circumstances”. Dollard, Mr Clarke said, had been a third-level student but had suffered from a mental breakdown which led to him dropping out from college and sleeping rough.

Siobhan Lankford SC, for the Director of Public Prosecutions, told the court that the CCTV footage “was part of the garda’s consideration when she went out and arrested the accused”. “It informed her decision,” Ms Lankford explained.

Ms Lankford said the recording showed Dollard lying behind his victim and making “thrusting motions” against the man’s “bare bottom”.

“She [the garda] was entitled to make the arrest under Section 24. There was nothing wrong with the arrest and no complaint can be made in relation to it,” counsel said, adding that forensic evidence “in this case was not of as much importance as the CCTV [evidence]”.

“The complainant was unclear about matters. The crucial evidence was the CCTV footage,” she said.

Trial evidence

At the sentencing hearing, Mr Justice McDermott noted that the victim had been a defenceless and vulnerable man who was drunk and was trying to sleep on the street.

He said the offences had been carried out in a public place in a “humiliating and degrading way”.

The judge noted Dollard was also a homeless man with alcohol abuse issues and that a psychologist’s report handed into court outlined he had “deep-seated and troubling problems”. He said Dollard was socially isolated from others including family members and had very little support.

He took into account that the attempted anal rape had not been completed but said both offences were serious. He said the offences appeared spontaneous and were not part of Dollard’s usual behaviour.

Mr Justice McDermott set a headline sentence of six years for the attempted anal rape and, taking into account the mitigation, imposed a sentence of five years and six months with the final 18 months suspended for two years.

In his victim impact statement, the victim said he suffered from flashbacks and found it upsetting walking past the area where it had happened. He said the trial had been difficult, but he now wants to move on with his life.