D.P.P.-v- Michael Farrell [2010] IECCA 68 (01 July 2010)

D.P.P.-v- Michael Farrell [2010] IECCA 68 (01 July 2010)

The Court held that, given the seriousness, multiplicity, and distinct nature of the offences against separate victims over an extended period, consecutive sentences were appropriate and the total sentence of 20 years was not excessive or in breach of the totality principle. The Court varied the structure of the sentences for consistency but maintained the overall total of 20 years imprisonment.

Citation
[2010] IECCA 68
Parties
Prosecutor: Director of Public Prosecutions; Appellant: Michael Farrell
Jurisdiction
Ireland
Judgment Date
01 July 2010
Procedural Posture
Criminal Appeal / Sentence Appeal After Conviction
Outcome
Sentence varied but total of 20 years imprisonment affirmed
Legal Topics
Sentencing, Sexual Offences, Child Sexual Abuse, Principle of Totality, Consecutive Sentences
Criminal Law Sentencing Sexual Offences Child Sexual Abuse Principle of Totality Consecutive Sentences

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Parties

Director of Public Prosecutions

Prosecutor

Michael Farrell

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal After Conviction

Legal Issues

  1. 1 Whether the total sentence of 20 years imprisonment was excessive and offended the principle of totality
  2. 2 Whether consecutive sentences were appropriate in the circumstances

Ratio Decidendi

The Court held that, given the seriousness, multiplicity, and distinct nature of the offences against separate victims over an extended period, consecutive sentences were appropriate and the total sentence of 20 years was not excessive or in breach of the totality principle. The Court varied the structure of the sentences for consistency but maintained the overall total of 20 years imprisonment.

Court Disposition

Sentence varied but total of 20 years imprisonment affirmed

Orders

  • Quash original sentence structure
  • Impose varied sentences: 10 years for rape of M. (counts 1,3,5,7,9,11,13,15,17,19) concurrent; 2 years for indecent assault of M. (counts 2,4,6,8,10,12,14,16,18,20) concurrent; 8 years for rape of E. (count 23) consecutive; 2 years for indecent assault of E. (count 24) concurrent; 2 years for indecent assault of C....