A COURT IN Dublin has heard that convicted rapist Patrick O’Brien “cannot be treated as a person for whom a prison sentence would be impossible to tolerate”.
Last month, it was ruled that the three year sentence handed down to O’Brien for raping his daughter Fiona Doyle was too lenient.
Explanation
Today the reasons for that ruling were fully explained.
Speaking at the Criminal Courts of Justice the President of the appeals court Mr Justice Sean Ryan said old age and ill health are generally taken as mitigating factors, but that in this case O’Brien would be treated as well in prison as in the community.
There is no rule that prevents those who are ill from being sent to prison.
Justice Ryan also gave examples of previous cases where elderly and unwell people were given harsh sentences.
The 74-year-old from Oldcourt in Bray, Co. Wicklow was originally jailed for 12 years with 9 suspended.
Last month the Director of Public Prosecution argued that suspending so much of his sentence because of his old age and ill-health was unduly lenient and the Court of Appeal agreed.
Justice Ryan said that it was clear that ‘the trial judge put the case in the most serious category’ when he gave a 12 year sentence, adding that:
The judge himself was extremely uneasy about the allowance he ought to make the the medical condition of the respondent. He said so on a number of occasions.
Addressing the nine years of the sentence that was suspended. He added that: “In the opinion of this court, the approach adopted by the learned sentencing judge was an error in principle and the sentence as imposed, insofar as it directed the suspension of nine years, was unduly lenient.”
Patrick O’Brien raped and sexual abused his daughter Fiona Doyle from 1973 to 1982 at Mackintosh Park, Pottery Road in Dun Laoghaire.
Speaking outside the court today, Fiona Doyle said she was relieved that age or infirmity could not be used as a reason not to go to jail for such offences.
Too many of them are trying to use that as a cop out. His age and health were not an issue when he was abusing me, so I don’t see why it would be an issue now.
Speaking about Patrick O’Brien’s medical records, Justice Ryan commented:
The dates of the medical reports indicate that they were produced as a matter of urgency for the hearing.
Fiona Doyle was first abused by her father the night before her First Holy Communion in 1973.
She said that he continued to rape and sexually assault her at their home as “frequent as having dinner”.
O’Brien was grated bail in January 2013 pending an appeal against the severity of his sentence - despite pleading guilty to 16 counts of rape and sexual assault. This was rescinded three days later following a public outcry.
He has spent the past two years in prison and was due for release this year.
Patrick O’Brien will find out his new sentence next week at his fresh sentence hearing on January 26.
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