Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/everything possible

Man who shows no remorse for raping wife has sentence cut on appeal

The man was the third person to be convicted of marital rape since it was made illegal in 1990.

A MAN WHO continues to show no remorse for raping his wife has had his prison sentence cut on appeal.

The 43-year-old man, who cannot be named for legal reasons, was unanimously found guilty of raping his wife in their home in May 2014 – making him the third person to be convicted for marital rape since rape within a marriage was made illegal in 1990.

A jury of 11 men and one woman also found him guilty of threatening to kill his wife and cut her face, having denied the charges. He had admitted assaulting his wife with a hammer which he used to strike blows to her head.

Ms Justice Isobel Kennedy sentenced him to 12 years imprisonment with the final two suspended in June 2016.

The Court of Appeal heard that the man refuses to show any remorse for raping his wife and still does not accept the verdict of the jury.

Appeal

He successfully appealed his sentence today with the Court of Appeal holding that a sentence of 10 or 11 years imprisonment appeared to be “somewhat out of kilter” for an individual instance of rape, even after a not guilty plea, where there had been no premeditation or unusual violence.

He was re-sentenced to 10 years imprisonment with the final 18 months suspended.

Dismissing his appeal against conviction in December – a judgment the man also does not accept – Mr Justice Alan Mahon said the man, an Arab Muslim from north Africa, married his wife, an Irish national, in 2005.

They had one child and, following a year of maternity leave, the man’s wife returned to work and ultimately received a promotion. This resulted in greater time away from the family home and began to cause tensions within the relationship.

Mr Justice Mahon said a series of assaults and threats, including rape in the marital home, culminated in an attack by the man on his wife and her mother with a hammer.

Moving to appeal his sentence, the man’s barrister, Ronan Munro SC, submitted Mr Justice Peter Charleton’s guidance on sentencing for sexual offences in a case known as ‘D(W)’.

Munro said there had been no pre-meditation and no gratuitous violence (beyond the violence inherent in the rape itself) to justify a sentence of the order imposed on his client.

Mr Justice John Edwards said the Court of Appeal agreed that the sentence in this case, when viewed in isolation, appeared to be “somewhat out of kilter with sentences imposed in comparable cases” even though the circumstances of the case were “egregious” and the crime was “very serious”.

He said the offence merited a headline sentence of 12 years and not 14 as selected by the sentencing judge. This was reduced to 10 years to reflect the mitigating circumstances including the man’s previous good character, the difficulties foreign nationals endure in Irish prisons and psychiatric evidence which suggested he was suffering from a “significant depressive disorder” prior to the rape.

Mr Justice Edwards said the man could not avail of the most powerful mitigating factor available, namely a guilty plea and expressions of genuine remorse. On the contrary, no responsibility for the rape had been taken and there had been “no expression whatever of remorse”. The man still does not accept the verdict of the jury nor the Court of Appeal’s dismissal of his appeal against conviction, the judge said.

Anger management issues

“After considerable reflection,” and “notwithstanding his present obdurate position”, the court suspended the final 18 months of the sentence, primarily in the interests of his child but also to incentivise him to “address his anger management issues, his mental health issues, and his attitude to women”.

Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, resentenced the man to 10 years imprisonment with the final 18 months suspended for the rape.

Mr Justice Edwards said the court acknowledged the limitations in the guidance offered by Mr Justice Peter Charleton in a case known as ‘DW’, and “this court may take the opportunity, at some point in the future, and in an appropriate case, to seek to revisit the issue of guidance in matters of rape, aggravated sexual assault and sexual assault”.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

View 65 comments
Close
65 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Young Politician
    Favourite Young Politician
    Report
    Mar 8th 2016, 6:22 PM

    I look forward to it.

    89
    Install the app to use these features.
    Mute Old Gabby Johnson
    Favourite Old Gabby Johnson
    Report
    Mar 8th 2016, 9:34 PM

    Mise eire should be shown also.. A masterpiece solely on irish.

    34
    Install the app to use these features.
    Mute Niall Conneely
    Favourite Niall Conneely
    Report
    Mar 8th 2016, 7:22 PM

    Excellente! I’m old enough to remember it as a young kid. It was a zillion times better than the shite Rebellion

    64
    Install the app to use these features.
    Mute Paddy Ryan
    Favourite Paddy Ryan
    Report
    Mar 8th 2016, 7:31 PM

    Rebellion seriously fell flat. What on earth were RTE thinking..

    46
    Install the app to use these features.
    Mute Martin Byrne
    Favourite Martin Byrne
    Report
    Mar 8th 2016, 11:11 PM

    ……RTE (ministry for propaganda) were trying to take the fight out of us ! by making a wishy washy version of the rising that inspires no one, less we might look at our current rulers and re-run the rising and restore the democracy we once had.

    26
    Install the app to use these features.
    Mute Rob Mills
    Favourite Rob Mills
    Report
    Mar 8th 2016, 6:26 PM

    They should bring back the original quick silver quiz show. It would be priceless.

    46
    Install the app to use these features.
    Mute David Thomas
    Favourite David Thomas
    Report
    Mar 8th 2016, 6:36 PM

    Wanderly wagon too

    32
    Install the app to use these features.
    Mute Paddy Ryan
    Favourite Paddy Ryan
    Report
    Mar 8th 2016, 6:57 PM

    And Forty Coates… Between that Wanderly Wagon and Bosco it’s pretty obvious the creators were out their nut on the mushies.

    28
    See 2 more replies ▾
    Install the app to use these features.
    Mute watersedge
    Favourite watersedge
    Report
    Mar 8th 2016, 7:42 PM

    Aw, loved those shows as a child. Terrified of Whilomena the Whirligig Witch and Sneaky Snake.

    13
    Install the app to use these features.
    Mute release robert
    Favourite release robert
    Report
    Mar 8th 2016, 8:32 PM

    Stop the lights !!!! What about Murphy agus a chairde ????

    21
    Install the app to use these features.
    Mute Pete Slattery
    Favourite Pete Slattery
    Report
    Mar 8th 2016, 7:37 PM

    The TG4 documentary series, 1916 Seachtar na Cásca is with getting hold of. Really well researched and highly informative. It’s better than that nonsense Rebellion. Also, the 1916 documentary RTE just aired was also excellent.

    41
    Install the app to use these features.
    Mute Pete Slattery
    Favourite Pete Slattery
    Report
    Mar 8th 2016, 7:42 PM

    *worth getting hold of.

    10
    Install the app to use these features.
    Mute Eamon Mac Gowan
    Favourite Eamon Mac Gowan
    Report
    Mar 8th 2016, 9:28 PM

    Excellent, way better than crappy “Rebellion”.

    25
    Install the app to use these features.
    Mute Pernambucogypsy
    Favourite Pernambucogypsy
    Report
    Mar 8th 2016, 6:57 PM

    What really is needed is a Blackie Connors spin off or Glenroe Nights.

    24
    Install the app to use these features.
    Mute Oran Joyce
    Favourite Oran Joyce
    Report
    Mar 8th 2016, 7:38 PM

    Better call Blackie.

    17
    Install the app to use these features.
    Mute Pernambucogypsy
    Favourite Pernambucogypsy
    Report
    Mar 8th 2016, 8:01 PM

    Boss

    8
    Install the app to use these features.
    Mute paddy
    Favourite paddy
    Report
    Mar 8th 2016, 7:51 PM

    Its actually very good and theres no one from love hate

    22
    Install the app to use these features.
    Mute Louis Jacob
    Favourite Louis Jacob
    Report
    Mar 8th 2016, 6:48 PM

    Have been watching episodes of the Riordans recently. Once you get past how dated it is, there really are some great scenes in it.

    19
    Install the app to use these features.
    Mute Paddy Ryan
    Favourite Paddy Ryan
    Report
    Mar 8th 2016, 6:54 PM

    And get past Gabriel Byrne in a donkey jacket and wellies.Same with Bracken… If RTE had their way one of our finest actors would still be typecast as a farmer/farm labourer.

    14
    Install the app to use these features.
    Mute Dermot Lane
    Favourite Dermot Lane
    Report
    Mar 8th 2016, 7:03 PM

    As a kid I hated the Riordans, it’s only with hindsight I realise how good it actually could be, and funny at times too.

    11
    See 1 more reply ▾
    Install the app to use these features.
    Mute Martin Byrne
    Favourite Martin Byrne
    Report
    Mar 8th 2016, 11:15 PM

    Bracken was class, The wanderer son returns to face the Rich man that dove his father to his grave. Top Notch

    2
    Install the app to use these features.
    Mute Niall O Neill
    Favourite Niall O Neill
    Report
    Mar 8th 2016, 7:23 PM

    Dàithi Laca

    16
    Install the app to use these features.
    Mute Tony Hartigan
    Favourite Tony Hartigan
    Report
    Mar 8th 2016, 8:44 PM

    Rasher

    11
    Install the app to use these features.
    Mute Stephen Luco
    Favourite Stephen Luco
    Report
    Mar 8th 2016, 6:40 PM

    Everything they Do Is Crap . Should just Scrap the Station

    11
    Install the app to use these features.
    Mute Dave Bruen
    Favourite Dave Bruen
    Report
    Mar 8th 2016, 6:47 PM

    Good to see your degree in definitives is serving a purpose

    31
    Install the app to use these features.
    Mute Dermot Lane
    Favourite Dermot Lane
    Report
    Mar 8th 2016, 7:04 PM

    Have you seen Insurrection Stephen?

    24
    Install the app to use these features.
    Mute The Dublin Cynic
    Favourite The Dublin Cynic
    Report
    Mar 8th 2016, 11:44 PM

    Is it in HD?

    2
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel