A man jailed for 12 years for incest offences against his daughter has had his sentence reduced to eight years at the Court of Criminal Appeal.
In December 1997 he pleaded guilty at the Circuit Criminal Court to three sample counts of incest. The case was adjourned to enable the man, who had no previous convictions, to attend counselling.
Judge Cyril Kelly had said the man was violently abusive and the daughter had protected other family members. In May 1998, he was sentenced to four years on two counts of incest, for which, as the span of the offences went back to 1991, the maximum term was seven years. On the other count, which occurred after the maximum penalty for incest had been increased to life, a 12-year term was imposed.
Giving the judgment yesterday, Mrs Justice Denham said the court must take cognisance of the increased maximum sentence for the offences.
However, the sentence must also be just and proportionate. In all circumstances of the case and in light of albeit limited precedent, the court was of the view that the 12-year sentence was an error in principle.
