D.P.P. v. D. (J.) [1997] IEHC 133 (29th July, 1997)

D.P.P. v. D. (J.) [1997] IEHC 133 (29th July, 1997)

Custodial sentences are mandatory for serious sexual offences against children, and mitigating factors do not justify a non-custodial sentence in this case.

Citation
[1997] IEHC 133
Parties
Defendant: The Accused; Prosecutor: The Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Rape, Sexual Assault, Sentencing, Paedophilia
Criminal Law Rape Sexual Assault Sentencing Paedophilia

Case Brief

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Parties

The Accused

Defendant

The Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for rape and sexual assault
  2. 2 Consideration of mitigating factors in sentencing
  3. 3 Provision of sexual therapy as part of sentence

Ratio Decidendi

Custodial sentences are mandatory for serious sexual offences against children, and mitigating factors do not justify a non-custodial sentence in this case.

Court Disposition

convicted and sentenced

Orders

  • Seven years imprisonment for rape counts
  • Five years imprisonment for sexual assault counts