The Court of Criminal Appeal has said it will not interfere, for reasons to be given later, with a decision to impose a three-year suspended sentence on a man who was aged 15 when he raped a 50-year-old man.
The DPP had appealed against the sentence imposed on Gary Davis, arguing it was unduly lenient. Davis, now aged 18, Kenilworth Lane, Rathmines, had pleaded guilty to buggering the victim in Dominick Street Flats on November 12th, 2001. He was jailed for three years, with the entire sentence suspended.
After hearing the DPP's appeal yesterday, Mr Justice McCracken, sitting with Mr Justice Gilligan and Mr Justice O'Leary, said the court considered this an important case.
However, the court would not interfere with the sentence of the trial judge.
Garda evidence was that Davis had raped the man in a car-park after assaulting him and knocking him to the ground between two large containers. He had been drinking with him earlier.
