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IECA 237 ECLI:IE:CA:2015:237 KI-generiert

Court of Appeal reduces suspended sentence for serious offences from 12.5 to 11 years net.

Geschäftsnummer IECA 237
Gericht / Behörde
Rechtsordnung Irland (IE)
Entscheiddatum
Ausgang Teilweise gutgeheissen (Partially Allowed)
Maschinenlesbares Markdown (.md)

Legislator-Zusammenfassung

KI-generiert

The Court of Appeal substituted the lower court's sentence of fourteen years with eighteen months suspended for a net twelve and a half years. The appellant, as the father of the victim in a dysfunctional household, committed extremely serious offences warranting a dominant family member's trust exploitation. The appellate court determined the appropriate net term was ten to eleven years based on comparable cases, ruling the original suspension of only three years was excessive.

Legislator-Regeste

KI-generiert

Sentencing Act 2003, s. 176; s. 177; s. 178: Where a sentence involves a term with a period of suspension, the appellate court may substitute a new sentence if it considers the original term or the extent of the suspension was inappropriate in light of the seriousness of the offences and the scale of sentences in similar cases.

Schlagwörter

KI-generiert
sentencing appeal suspended sentence net term reduction serious offences family trust exploitation

Zitierte Gesetzesbestimmungen

KI-generiert
Sentencing Act 2003, s. 176
Sentencing Act 2003, s. 177
Sentencing Act 2003, s. 178

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Volltext

THE COURT OF APPEAL

Appeal No: 159/11

Birmingham J.

Sheehan J.

Mahon J.

The Director of Public Prosecutions

Respondent

- and -

T.Q.

Appellant

Judgment (ex tempore) of the Court delivered by Mr. Justice Mahon on the 16th day of July 2015

1. On the last occasion an ex tempore judgment was given in which details of the background to this case were set out as were

details in relation to the offences that were perpetrated by the appellant so I am not going to refer to them again, other than to

state that the offences of this case were extremely serious.

2. The appellant, as the father of the victim, was in a position of trust and was a dominant family member. It is the case, of course,

that the family house was clearly dysfunctional and problematical in many respects, but notwithstanding that, the offences were

particularly grave.

3. The sentence imposed in the court below was fourteen years, with the final eighteen months suspended, in effect a net twelve

and a half year term.

4. The court has considered the range of sentences that have been handed down in other cases of a broadly similar nature in terms

of their seriousness. It is the court’s view that the appropriate sentence, based on the scale of sentences evident from these cases,

is somewhere in the region of ten to eleven years. In this case the net sentence is twelve and a half years. So, in those

circumstances the court takes the view that the sentencing judge ought to have suspended a greater portion of the fourteen years

than he did, and it will therefore substitute, in place of the sentence already given, a sentence of fourteen years with the final three

years suspended.