Man's sentence for abuse of daughter too lenient

The Court of Appeal has ruled that the prison sentence imposed on the father of abuse victim Fiona Doyle was unduly lenient.

Patrick O'Brien, who is 75, had pleaded guilty to 16 charges of rape and indecent assault at Mackintosh Park, Pottery Road in Dún Laoghaire from 1973 to 1982.

Trial judge Mr Justice Paul Carney had described it as one of the worst cases of abuse one could possibly find.

Mr Justice Carney sentenced him to 12 years in prison. 

He took into account O'Brien's health problems and suspended the final nine years and granted him bail pending an appeal. 

O'Brien is currently in custody.

The Court of Appeal President, Mr Justice Sean Ryan, said the court was satisfied that the sentence imposed on O'Brien was unduly lenient and the three-judge panel granted the Director of Public Prosecutions' application.

Mr Justice Ryan, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the Court of Appeal will give reasons for its decision on 19 January and impose a new sentence on O'Brien on 26 January.

Prosecuting counsel Brendan Grehan said the director had brought the appeal on the grounds that O'Brien's age was not sufficient alone to mitigate his sentence.

Mr Grehan further submitted that there was insufficient evidence to say O'Brien's medical conditions would make prison life intolerable, for example, there was no evidence that he had a terminal illness.

The proper evidential foundation was not submitted to enable the sentencing court to take the view that it did, Mr Grehan said.

That was the negative evidence, Mr Grehan said, and against that there was positive evidence from an expert who said none of O'Brien's medical conditions were such that the prison authorities could not deal with them.

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