Court of Appeal reduces sentences for attempted defilement to reflect concurrent UK imprisonment and time already served.
Ireland (IE)
Legislator summary
AI generatedThe Court of Appeal reduced the respondent's sentences for attempted defilement to three and four years respectively, running concurrently. The court noted the radical change that the accused was subsequently sentenced to seven years in the UK for similar prior crimes. Consequently, the court declined to add new sentences but adjusted the domestic terms to account for the concurrent UK imprisonment and time already served in this jurisdiction.
Legislator headnote
AI generatedSection 2 Criminal Justice Act 1993; Where an accused serves a substantial sentence abroad for similar offences, domestic sentences may be reduced to reflect the concurrent nature of the punishment and time already served.
Keywords
AI generatedCited Legislation
AI generatedFull text
THE COURT OF APPEAL
[87CJA/14]
The President
Finlay Geoghegan J.
Peart J.
IN THE MATTER OF SECTION 2 OF THE CRIMINAL JUSTICE ACT 1993
BETWEEN
THE PEOPLE AT THE SUIT OF THE SUIT OF THE
DIRECTOR OF PUBLIC PROSECUTIONS
APPLICANT
AND
MARK ANDERSON
RESPONDENT
EX TEMPORE JUDGMENT of the Court delivered by the President on 7th December
2015
1. The court is grateful for the assistance we have received.
2. Obviously, the situation has changed radically concerning the accused in the time since the court gave its original decision. The
court has given its rationale for considering that the sentences imposed at Waterford Circuit Court were unduly lenient. Since then,
the accused was sentenced in the United Kingdom for serious similar crimes committed prior to the subject offences in this case. He is
now serving a sentence of seven years.
3. The court does not propose to add any sentence to the sentence that the accused is serving in the United Kingdom. The court will
impose a sentence of three years in respect of the sentence of four years for the attempted defilement under the 2006 Act in lieu of
the four years with three and a half years suspended the court will impose a sentence of four years.
4. So for three with two and a half suspended read three years’ imprisonment. For four with three and a half suspended read four
years’ imprisonment. The sentences will run concurrently from today’s date.
5. The sentences will be reduced by the amount of time the accused has already served i.e. such period as he has actually served in
prison for these offences.
6. I hope that is not too complicated – four and three concurrently from today’s date less time actually served in this jurisdiction for
these offences.