The Court of Appeal, reviewing a case originally heard in the Kilkenny Circuit Court, found the sentences imposed for sexual assault by a father against his two daughters to be unduly lenient. The original court had sentenced the father to an effective post-mitigation carceral sentence of 4 years and 6 months' imprisonment. The Court of Appeal determined that the headline sentences were too low and that the principle of totality was misapplied, leading to a disproportionate sentence. The Court of Appeal quashed the original sentences and imposed new sentences of 6 years' imprisonment for each victim, with certain counts taken into consideration, resulting in a cumulative period of 12 years' imprisonment, adjusted for the principle of totality and the respondent's age.
sexual assault, undue leniency, Court of Appeal, Kilkenny Circuit Court, Criminal Justice Act 1993, Criminal Justice (Rape) (Amendment) Act 1990, Sex Offenders Act 2001, plea of guilty, victim impact statement, principle of totality, mitigating factors, aggravating factors, consecutive sentences, headline sentence, post-mitigation sentence, coercive control, proportionate sentence.