O'Brien sentence for rape revised after appeal

Written By Unknown on Senin, 26 Januari 2015 | 22.40

A 74-year-old man has been jailed for nine years for sexually abusing and raping his daughter over a ten-year period.

The revised sentence follows a finding by the Court of Appeal that his original sentence was lenient.

Patrick O'Brien was jailed for three years after admitting to the rape and indecent assault of Fiona Doyle when she was a child at their home in Dún Laoghaire from 1973 to 1982.

Reacting to the new sentence imposed on her father, Ms Doyle said she is delighted.

She said she is not a victim any more, she is a survivor.

She added that it has been a long road with its ups and downs but she is now a different woman than she was two years ago.

Sentencing Judge Mr Justice Paul Carney had described O'Brien's abuse of his daughter as one of the worst cases one could possibly find.

Taking account of his health problems, Mr Justice Carney sentenced O'Brien to 12 years in prison, suspended the final nine and granted him bail pending an appeal.

Bail was taken from him a few days later, the court heard.

Following a review of his sentence, the Court of Appeal stated last week that despite serious illness and advanced age O'Brien cannot be considered a person for whom prison would be "impossible to tolerate".

The court found that Mr Justice Carney erred in principle in suspending nine years of the 12-year sentence he handed down in the case last year.

It imposed a new sentence on O'Brien today, suspending three years of the original 12-year sentence.

O'Brien is elderly, suffers from diabetes and is visually impaired but the court said none of these conditions are life threatening and can be managed with appropriate medical treatment in custody.

Mr Justice Sean Ryan pointed out today that the challenge was to the suspension of nine years, not the original sentence and ruled that 12 years was the appropriate sentence.

He said the court would allow O'Brien credit for his guilty plea and suspended three years of the original sentence.

He said a guilty plea is a most important feature in a case where the accused acknowledges responsibility but particularly in a case of historic sexual abuse.

Sometimes, he said, victims are abused as children and disbelieved as adults and a guilty plea removes one of those potential wrongs.

He also said the court wishes to observe that should O'Brien's health deteriorate, the Executive has the power to take account of that and mark arrangements for it including remission or temporary release.

'I'm not a victim any more, I'm now a survivor' - Fiona Doyle

Fiona Doyle described her father as "a monster" who got what he "deserves" and is "back where he belongs".

At a press conference in Dublin this afternoon she said she had now "taken back control of her life".


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