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First published 3.45pm
A NORWEGIAN MAN’S wholly suspended sentence for raping his girlfriend multiple times while she slept was “unduly lenient” the Court of Appeal has found.
Magnus Meyer Hustveit (26) has been re-sentenced to 15 months in prison.
He had pleaded guilty at the Central Criminal Court to one count of rape and one count of sexual assault committed against his 28-year-old girlfriend between 2011 and 2012.
He was given a wholly suspended seven year sentence by Justice Patrick McCarthy on 13 July 2015.
Hustveit, whose former partner waived her right to anonymity so that his identity could be published, returned to his native Norway after sentencing.
The Director of Public Prosecutions successfully sought a review of Hustveit’s sentence today on grounds that it was “unduly lenient”.
“Exceptional case”
Giving judgement, Mr Justice George Birmingham said the victim had woken to find herself covered in sperm with no knowledge of having engaged in any sexual activity.
A few days later she awoke to find she had been penetrated but again was unclear how.
Mr Justice Birmingham said it wasn’t in dispute that this was an unusual case and “indeed an exceptional one”.
Much of the offending behaviour occurred without the victim’s knowledge and all of the offending was only known because of detailed admissions made by Hustviet in an email he sent to the victim following her request to find out what had happened to her.
Mr Justice Birmingham said the combination of a number of factors – Hustveit’s cooperation, his voluntary return to Ireland to be charged, his previous good character, the positive life he was now leading in Norway – justified and required a sentence that would be appreciably less than would be normal in cases of multiple rapes.
However, Mr Justice Birmingham said the court could not agree that the case was wholly exceptional as to warrant entirely non-custodial disposal and the sentencing judge “erred” in this regard.
Re-sentencing
Mr Justice Birmingham said the court was required to re-sentence someone who had been told he wouldn’t be serving time in jail, had returned to his native homeland and had then been told that his sentence was facing a review.
It had long been recognised, the judge said, that taking away from someone a chance they had been given must be particularly burdensome and difficult.
It had been confirmed that Norway did not extradite its own citizens and considerable significance could be attached to the fact that Hustveit had returned voluntarily to face the review.
Mr Justice Birmingham said it would not have been possible for the lower court to require Hustveit to serve less than two-and-a-half years but now, at this stage, he would be required by the Court of Appeal to serve “half of that two-and-a-half year sentence”.
Mr Justice Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the original seven-year sentence would remain and all but 15 months of it would be suspended.
Good behaviour bond
Hustveit made no reaction to the court’s decision when it was read out.
He was told once again that he will be on the sex offenders register and there were certain implications he would be required to abide by.
He was required to enter into a good behaviour bond for seven years. When asked if he undertook to be so bound, Hustveit said “I do”.
His victim Niamh Ní Domhnaill was present in court with a number of friends and supporters.
Counsel for the DPP, Mary Rose Gearty SC, had applied to submit an updated victim impact report by Ms Ní Domhnaill.
However, counsel for Hustveit, Caroline Biggs SC, objected on the basis that it contained references to memory loss, hearing loss, seizures and blackouts but her side had not been provided with medical reports to “substantiate these assertions”.
Mr Justice Birmingham said it would be extremely unusual for the Court of Appeal to hear evidence as it was a “review court” and appeal court ordinarily operate on transcripts and documents.
He said the defence’s contentions about being unable to probe the assertions contained in the updated victim impact report was “not without substance”.
He said the Central Criminal Court sentenced Hustveit on the basis that the victim had been harmed and damaged and that harm and damage would continue. The court proceeded to sentence on the basis of what was before the Central Criminal Court.
While family carers are means tested for carers allowance.
@Úna O Connor Barrett: you can say that again
@Úna O Connor Barrett: The funds are there Una, they just do not care… Let them know in the next election..
@Úna O Connor Barrett: think rich people should be subsidised by poorer taxpayers? That’s reason for a means test.
By all means question the threshold but if you are saying a millionaire should automatically qualify then I disagree.
The war is confined to a small part of the country now. You would imagine many of those that came here would be able to return.
@Munster1: Emphasis on for now. Things can change drastically not to mention many of these Ukrainians have not just lost their homes and family members, but their entire towns and cities too.
@Munster1: I think you can thank your lucky stars that you live in Ireland. What a dreadful comment. You have no idea of the horrors nor of the current and future situation of the country . Ukraine is a war zone, all of it currently. Perhaps you should devote some of your free time to helping the Irish disadvantaged and or the Ukrainian refugees. And yes, many of them want nothing more than to return to their homeland
@Dave Phelan: have you been there, have you witnessed first hand these so called atrocities, no, you sit at home in front of your PC and type idiotic statements. find some real information from real people, on the front line, and watch ho most of the cities are in fact, as everyday normal. what has happened to the people of ireland, now we just watch as our leader propose to be the “good boys ” of europe, while they neglect the needs of everyone in this country, unless you are rich of course and there is something in it for them.
@Darren Murphy: They were voted in because they were well able to ignore the needs of others. That happened long beforehand and it’s on us.
While family carers are means tested for carers allowance and have to fight for medical cards
@Úna O Connor Barrett: Absolutely true Una
In the first instance for many people reading this the initial gut response will probably be…
What about the homeless in Ireland? And why isnt the government funding support for them?
To put this in context the total of Public Expenditure on Homeless Service Provision in the Dublin Region in 2021 was €148,142,145 million.
So its not a case of help being made available for Ukrainian refugees, that has not been available to homeless people in Ireland or that this will somehow take funding away from currently homeless people, its two separate issues and both are being addressed.
The reason for continuing homelessness in ireland is not a lack of funding, its a lack of successive governments willingness, to build permanent social housing to replace current temporary accommodation.
@David Van-Standen: stop talking sense… It’s not appreciated on the journal..
@David Van-Standen: What I can’t fathom is why on earth any TD can’t simply make the call and build permanent housing with EU help. They could then be used later for social housing. All these subsidies are going to hotels while tourists can’t get to or from the airport.
@Aileen Lawlor: They will house whoever is next on the list freeing up emergency shelter for the next people.
Hotels cancelling reservations left, right, and centre because they’re getting 4 grand a week per room off the government to house Ukrainians. Twice in 2 weeks it’s happened at last notice to me, and then you’re paying through the teeth for another hotel.
@Ciarán O’ Donoghue: 4 grand a week, €570 a night…. per room. Whichnof your arses did you pull that figure out of?
@Ciarán O’ Donoghue: 100%. If a hotel has a stragety getting rack rates from the government it has to show 1st that they exist. The vast majority of hotels would love to go down this route hense medium hotels charging 350/400 per night when they were 140 average. They cant get staff so managing 50 rooms at 400 is better than 100 rooms at 140. And again no words from the IHF & Bord Failte. Very very quite.
What’s the Government’s fixation with the City West Hotel, first of all they block booked it as a Covid 19 Base, and now they are going to do the same for the Refugees. Who owns this place, and was these transactions done through Open Procurement, or could there be some Brown Envelopes involved.
@Owen G Mc Ginley: a quick Linkedin search shows the Chairman of Tetrarch who own the Citywest to be Paul Donnolly who is currently also a Senior Advisor to Digicel and was previously a non-exec board member of Digicel… never too far from Denis O’Brien in this country.
@Owen G Mc Ginley: It’s the largest hotel in Ireland, nearly 800 rooms, 2 convention centres and a leisure centre. That’s not including the golf hotel
@Owen G Mc Ginley: not whitstanding the other points made above its also extremely accessible from a transport point of view being only minutes from the M50/N7. No matter what the Govt do you can be guaranteed someone is making a tidy wedge from it.
@Owen G Mc Ginley: , down to all the political contacts made by Jim Mansfield over the years, starting with Liam Lawor, there still there
Current Government remind me of the FF/Green Government towards the end of 2020, a total shambles. Minsters have no control of their departments and the recent fiasco in Dublin Airport, to name one of many, proves this point. A General Election is badly needed as soon as possible.
While family carers are means tested for carers allowance and have to fight for medical cards.
@Úna O Connor Barrett: Yawn
And yet 10 000 irish residents are homeless. I completely agree with helping Ukraine, but look after people who reside in the country first. You cant bring in people into the country in order to inflate this figure next year. 10 000 homeless people, 10 000!!!
Money is the currency of power for this government. They love to have large scale expenditures that they use to curry favour for individual party members or for the party themselves. No money going out equals no votes, favours and LBE’s coming back in. They also don’t care, as can be plainly seen here for years and years, on whether they get value for that money spent, that is besides the point. Or to put it simply, CORRUPTION – alive and well for 50+ years and we just watch it slowly destroy the place.
While family carers are means tested for carers allowance and have to fight for medical cards
@Úna O Connor Barrett: One more time.. that will be 5.
Which government minister, TD or senior civil servant owns, part owns or has a financial interest in the Citywest…..in other words who’s pockets are they lining now
They think the war will Last Two years …???? As soon as things are right in Ukraine They should go back…and let the government sort out the homeless problem for a change
Move refugees out of Greater Dublin Area as use the rest of the country that has excess capacity.
Wow bought just before Covid for peanuts, two handy contracts from state that covers that cost more than once. Lucky deal or just lucky
So what happens if there is another scandemic and they need the hotel again for covid ?
@Ken Bramley: Dafuq is a scandemic? Braindead comment!
It’s a disgrace we need to deal with irelands own homeless I can wait till the next genral election fffg are f##ked
A good decision
Considering? This has been known the last 3 months, not Considering, done.
For god sake people of ireland stand up 10000 on the street family’s struggling children going hungry and the government look the other way I’m all for helping any one who needs help these people have been trough hell but many irish have been in hell for a long time bring on the election
Will they get free use of the golf course ?
Is the darts cancelled so?
have your say