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THE FATHER FROM the Roscommon ‘house of horrors’ case ought to have had a greater proportion of his 14-year prison sentence suspended, the Court of Appeal has found, in reference to cases of broadly similar seriousness.
The 57-year-old man, who cannot be identified for legal reasons, had pleaded not guilty to 47 counts of rape and sexual assault committed against his son when the boy was aged between 12 and 15 years old at their home in Co Roscommon over a three-year period to 2004.
Having been found guilty by a jury at the Central Criminal Court, he was sentenced to 14 years imprisonment with the final 18 months suspended by Mr Justice Barry White on March 5 2010.
The Court of Appeal dismissed the man’s appeal against conviction on a number of grounds.
However, having considered the range of sentences handed down in cases of a “broadly similar nature in terms of their seriousness”, the three-judge-court was of the view that a greater proportion of his sentence should have been suspended.
11 years in jail
Mr Justice Alan Mahon, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, said that while it was not an “exact science”, net sentences in the other cases were in the region of 10 to 11 years.
Accordingly, the court increased the suspended period of 18 months to three years leaving the man with a net jail term of 11 years.
Giving background, Mr Justice Alan Mahon said the complainant was the son and eldest child of the accused and he had given graphic evidence of being subjected to violence and abuse from the age of about 12.
Mr Justice Mahon said the overall family situation was “disturbing, dysfunctional and abusive”. The wife was a prostitute and one or more of her children had seen her engaged in sexual activity.
He said the wife had already been convicted and imprisoned on serious charges of neglecting the children and the son himself had engaged in the serious sexual abuse of a younger sister at the age of 13.
The two most important witnesses in the man’s trial were his wife and eldest son and both received immunity from prosecution – the son shortly before the trial commenced and the mother during a break in the trial.
Mr Justice Mahon said neither were given immunity as an inducement to cooperate because they had already given statements which supported the prosecution.
He said the trial judge left the jury in no doubt they had to satisfy themselves that the grants of immunity did not encourage the witnesses to give untruthful evidence.
In relation to the credibility of the witnesses, such a point was not raised at trial but would have been central to the jury’s deliberation regardless.
For these reasons the appeal against conviction was dismissed.
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In the back of my mind I know in 14 years time we’ll be reading how this sex offender will have hurt someone else after release.
What is the problem in locking these type of people up for the rest of their lives?
There is no problem locking them up. Re open spike island. Drop all those who commit an offense against another person onto it. Do a weekly food drop and let them at it.
2 problems with locking them up-
1. Judges think ‘Suspended Sentences’ are an actual punishment.
2. The ‘Court of Criminal Relief’ regularly downgrades the already minimal jail time that these animals are actually sentenced to by the judge who has listened to all the evidence and the jury of his peers who convicted him.
Scrap these 2 stupid ideas immediately
this is just not right , something seriously has to be done in regards to sentences in this country . I feel so sorry for victims of any crime / abuse because justice is not on their side at all .
Truly horrific, he should have been given the correct sentence the first time
What? Life? Or hard labour after being castrated? These sentences are a joke. The punishment in no way befits the truly horrific crimes.
His son got a life sentence, having to live with the consequences of what his father done to him. I don’t understand why he should have any of his sentence suspended. He didn’t even have the decency to plead guilty and put his son through the mental torture of reliving the abuse through a trial. Shameful!
What is bloody wrong with the Justice system in this country there’s absolutely no protection for the Victims!
more elites sympathising with child abusers
Of course he will spend less time in prison.I’m surprised he got locked up at all.
I give up.
We need militant action on this type of thing like a children’s defence group. Judges are incompetent and face no consequences for not doing their job properly while collecting astronomical wages at tax payers expense. I would sleep happy in my cell in mount joy knowing I slaughtered some of these evil vile paedophiles. If ever the opportunity arose I would have no problem executing these evil people with not a shred of guilt.
What crimes do you Judge worthy of a Death Sentence?
Hope and pray that young man where ever he is along with his siblings live a good happy life with all the love they deserve. Thoughts and love with them .
The mother was released already. A long time ago, in fact
At the time there was a maximum sentence women could receive, but not for men. The cap has since been lifted. Had it not been in place she would have got the same sentence as the father.
In ireland, we dont have a justice system! We have a legal system with is invested in defending the rights of criminals with no regard to the victim.
Judges are solicitors prior to political appointment so they will always look after there solicitors colleagues and make sure the revolving door system keeps them busy and wealthy. In ireland the good solicitors work in private practices as the legal aid system is a cash cow always ripe for milking.
The legal system is set up in such away to give the criminal the best opportunity to get off, nothing to do with justice.
Change how judges are appointed because in the course of their professional they automatically become apathetic towards victims because they are solicitors first and only used to defending criminals.
Appoint judges from different sectors of society and train them in the legal process.
have your say