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The Court of Appeal allowed an appeal by the Director of Public Prosecutions, finding that the sentence imposed on the appellant for multiple sexual assaults against two minor children was unduly lenient. The original trial in the Circuit Court resulted in an aggregate sentence of six years' imprisonment (three years for each victim, consecutive, with the final 24 months suspended), following guilty pleas shortly before trial. The Court of Appeal concluded that the offences fell within the most serious category due to the extended abuse, breach of trust, and severe harm inflicted on the young victims, and found that the Circuit Court judge failed to properly categorise the gravity of the offending and to apply the appropriate sentencing range. The Court set aside the original sentence and indicated that a higher sentence, more reflective of the upper sentencing band, would be imposed following consideration of any new information.
appeal – sexual assault – unduly lenient sentence – sentencing bands – young victims – breach of trust – headline sentence – mitigating factors – totality principle – Circuit Court – Court of Appeal – Criminal Justice Act 1993 – Sentencing guidelines – gravity of offending – remorse – victim impact statements
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