The Court of Criminal Appeal has reduced by six months a 2 1/2-year jail sentence imposed on a man for unlawful carnal knowledge of a 14-year-old girl while she was babysitting for his family.
The offence occurred on New Year's Day 2000, at about 2.30 a.m., after the man returned home from a party. It was contended the sexual activity was consensual. The man was subsequently sentenced to 2 1/2 years' imprisonment for the offence at Dublin Circuit Criminal Court. He has been in custody since May 2000. With remission, he is due for release in May 2002.
Yesterday, appealing severity of sentence, Mr George Bermingham SC, for the man, said the trial judge had accepted there were features of the case which were to the man's credit.
He had no previous convictions, there was no doubt the sexual activity was "entirely consensual" and the man was involved in fund-raising for disabled children.
The term of imprisonment was having a severe impact as this man had three young children.
Counsel accepted this was a serious incident and the fact the victim was babysitting was an important factor as there was a degree of trust involved. He also accepted this was not a case where there was no adverse impact on the victim who, the court heard, had also been the victim of another offence perpetrated by another person where, it was said, there was either no consent or very flawed consent.
Opposing the appeal, Mr Paul Coffey, for the DPP, argued that it was irrelevant whether the sexual activity was consensual or not. This child had had a "crush" on the man and he had taken advantage of it.
Giving the three-judge court's decision, Mr Justice Geoghegan said the court had considered all of the matters raised and, in light of all of the circumstances, would reduce the sentence to two years.