A Kerry man who seriously sexually assaulted a woman after consuming beer and cannabis has been given a seven-year prison sentence by Mr Justice Paul Carney at the Central Criminal Court.
William O'Brien (21), St Martin's Park, Tralee, went to gardaí with his father and admitted his offence. O'Brien pleaded guilty to aggravated sexual assault of the woman on June 17th, 2004, and to burglary while using a knife as a weapon. He had no previous convictions.
Mr Justice Carney said the evidence of O'Brien's conduct "followed a pattern in which people of previous total respectability can wake up to find that under the influence of alcohol and cannabis they have perpetrated rape or even homicide".
He said the combination of facts of how O'Brien terrorised the victim, who feared she would be killed, could not be more serious but taking into account the factors in his favour, including his confession and guilty plea, he would unconditionally suspend the final three years of the sentence.
Mr Justice Carney directed that O'Brien's name should be placed on the register of sexual offenders which he said would have a devastating effect on him for the rest of his life, but he did not believe there was any need to impose post-release supervision.
Det Sgt Fergal Patwell told prosecuting counsel that O'Brien broke into the victim's house carrying a knife he had brought from his home. He grabbed the woman and threw a quilt over her while he punched her around the head.
The victim saw him point a knife at her chest and got cuts on her hand pushing it away.
O'Brien was pushing at her clothes and when he pulled down his own trousers she noticed he had no underwear.
He said O'Brien then tried to pull off the woman's bra but eventually stopped and ran off. The victim went to relatives and was taken to hospital where bruising on her face was diagnosed.
Sgt Patwell agreed with Martin Giblin SC, defending, that O'Brien's offence seemed to be an isolated incident.
He had apologised through the gardaí to the victim. Mr Giblin said that as far as O'Brien could recall, he had drunk at least nine pints of beer and consumed €20 worth of cannabis.