D.P.P. v. D. (J.) [1997] IEHC 235 (29th July, 1997)

D.P.P. v. D. (J.) [1997] IEHC 235 (29th July, 1997)

Given the gravity of the offences, the breach of trust, and the seriousness with which paedophilia is regarded, a custodial sentence is required despite mitigating factors. Seven years imprisonment for rape and five years for sexual assault, to run concurrently, is appropriate.

Citation
[1997] IEHC 235
Parties
Accused: The Accused; Prosecutor: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
convicted and sentenced
Legal Topics
Rape, Sexual Assault, Sentencing, Paedophilia
Criminal Law Rape Sexual Assault Sentencing Paedophilia

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Parties

The Accused

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 appropriate sentence for multiple counts of rape and sexual assault involving minors
  2. 2 consideration of mitigating factors in sentencing for paedophilic offences

Ratio Decidendi

Given the gravity of the offences, the breach of trust, and the seriousness with which paedophilia is regarded, a custodial sentence is required despite mitigating factors. Seven years imprisonment for rape and five years for sexual assault, to run concurrently, is appropriate.

Court Disposition

convicted and sentenced

Orders

  • Seven years imprisonment on counts of rape
  • Five years imprisonment on counts of sexual assault