Cork grandfather who sexually assaulted two of his granddaughters has appeal against 'unduly severe' sentence rejected 

A 77-year-old Cork man serving 11 years in jail for multiple counts of sexually assaulting two of his granddaughters had his appeal against his sentence for being “unduly severe” rejected today.

Ms Justice Úna Ní Raifeartaigh - in the rejection of the appeal heard also by President of the Court of Criminal Appeal, Mr Justice George Birmingham, and Mr Justice John Edwards - said one of the aggravating factors was that the he had previous convictions for sexual assaults on three other granddaughters and one of his daughters.

The appeal claimed that the 11 year sentence failed to consider the principle of totality, which resulted in the overall sentence being excessive.

The appellant said the fact that he was 75 at the time of sentence meant that the impact of the sentence was greater than on a younger person.

Ms Justice Ní Raifeartaigh said: “The offending took place over a significant period of time in respect of two sisters. The offending was serious and included instances of digital penetration of the vagina by the finger and oral contact with the child’s vagina (in respect of both injured parties). The children were extremely vulnerable by reason of their parents’ (difficulties).

“Their grandfather who had an important role in their daily lives, was taking advantage of their vulnerability and abusing the trust inherent in his familial position in the most egregious way.

“The effects on the victims (aged between 10 and 14 at the time of the crimes commencing in 2010) were severe and long-lasting. It was a very serious case of multiple sexual assaults of two children with several aggravating circumstances.” 

The Court of Criminal Appeal judges found that adequate account was given by the sentencing judge to mitigating factors and the suspension of two years which left the accused serving a total of 11 years.

“In all the circumstances, while we accept that the sentence was a significant one for a man of the appellant’s age, we have reached the conclusion that the sentencing judge did not err in imposing the sentence in question and accordingly we dismiss the appeal against the severity of sentence,” Ms Justice Ní Raifeartaigh said.

There is a legal prohibition against identification of the parties to the case.