A Cork man who pleaded guilty to raping his partner's teenage daughter and was originally given a seven-year suspended sentence must now serve two years in custody, the Court of Criminal Appeal decided yesterday.
The man (45) pleaded guilty last July to three counts of raping the girl on dates in 1996 and 1997 and was given a seven-year suspended sentence. The girl had a baby as a result of one of the rapes.
Yesterday, Mr Justice Fennelly, sitting with Mr Justice Kelly and Mr Justice Thomas Smyth, said the court believed the trial judge had erred in not imposing a custodial sentence.
Imposing a six-year jail term with the last four suspended, the court ordered that the sentence should come into effect in two weeks' time. In a second case, the court upheld a five-year sentence imposed two years ago on a Limerick man, in his 20s, for rape and sexual assault of his sister for several years from when she was seven. The judge had suspended four of the five years but directed the man serve a year in custody.
The appeal court upheld the sentence but directed the entire term should be suspended. The man undertook to enter a bond to keep the peace for five years.
Imposing the original sentence, Mr Justice Carney said he was taking into account the strong wishes of the victim, then 16, and her family.
Mr Justice Fennelly said Mr Justice Carney had correctly and conscientiously dealt with the matter.