Court of Appeal dismisses appeal of term of four years’ imprisonment with final year suspended imposed for sexual assault committed during the showing of an apartment for rent by a postgraduate student to the appellant, on the grounds that prison is unlikely to be very much harder for this individual (from India) in circumstances where he was well settled in Ireland for a number of years and has some command of the language, and that there were no errors in principle in the sentence imposed.
Criminal law – sentencing – appeal of term of four years’ imprisonment with final year suspended imposed for sexual assault committed during the showing of an apartment for rent by a postgraduate student – s.2 of the Criminal Law (Rape) (Amendment) Act, 1990 – producing an article capable of inflicting serious injury in the course of a dispute or a fight and in a manner likely unlawfully to intimidate another person – s.11 of the Firearms and Offensive Weapons Act 1990 – impact on victim – culpability of the offender was significant and substantial psychological harm was done to the victim – discounting by one third from the headline sentence the sentencing judge adequately reflected the available mitigation for the appellant’s plea, limited co-operation and previous good character – prison is unlikely to be very much harder for this individual in circumstances where he was well settled in Ireland for a number of years and has some command of the language – no error in principle – appeal dismissed