24/01/2013
Convicted Rapist Patrick O'Brien Has Bail Revoked
A man freed on bail despite being sentenced to 12 years in jail for the rape and indecent assault of his daughter, has had his bail revoked.
Patrick O’Brien, from Bray, Co Wicklow, had pleaded guilty to the charges, which related to incidents over a 10-year period.
He was sentenced on Monday to 12 years with the last nine suspended but was released on continuing bail pending an appeal.
However Mr Justice Paul Carney today revoked the bail and apologised to his victim, Fiona Doyle, he went on to express his profound regret for the stress he caused in this case.
Today, Justice Carney said he accepted that the procedure he adopted in the sentencing was inappropriate and something he should not have done, adding that he had no difficulty in saying that.
Explaining his decision to grant O'Brien bail, the judge said that having designed the sentence he was concerned that he might be giving too much weight to the health of the accused.
He went on to say that he did not want to take the responsibility of the sentencing on his own, and wanting to share the burden of the case with other he certifying the case for appeal, which would quickly bring in the involvement of other judges.
He added that by sending the case to the Court of Criminal Appeal he was seeking a reduction in the sentence but hoped for more experienced judges to clarify if he was giving to much weigh to the health issues of the accused.
O’Brien will now begin his sentence but will still have right of appeal. The DPP will also be able to appeal the lienency of the sentence if they wish to.
(H)
Patrick O’Brien, from Bray, Co Wicklow, had pleaded guilty to the charges, which related to incidents over a 10-year period.
He was sentenced on Monday to 12 years with the last nine suspended but was released on continuing bail pending an appeal.
However Mr Justice Paul Carney today revoked the bail and apologised to his victim, Fiona Doyle, he went on to express his profound regret for the stress he caused in this case.
Today, Justice Carney said he accepted that the procedure he adopted in the sentencing was inappropriate and something he should not have done, adding that he had no difficulty in saying that.
Explaining his decision to grant O'Brien bail, the judge said that having designed the sentence he was concerned that he might be giving too much weight to the health of the accused.
He went on to say that he did not want to take the responsibility of the sentencing on his own, and wanting to share the burden of the case with other he certifying the case for appeal, which would quickly bring in the involvement of other judges.
He added that by sending the case to the Court of Criminal Appeal he was seeking a reduction in the sentence but hoped for more experienced judges to clarify if he was giving to much weigh to the health issues of the accused.
O’Brien will now begin his sentence but will still have right of appeal. The DPP will also be able to appeal the lienency of the sentence if they wish to.
(H)
Related Irish News Stories
Click here for the latest headlines.
24 April 2012
Farmer Given Life Sentence For Murder Of Brother
A 63-year-old Co Wicklow farmer, suffering from Parkinson’s disease, has been given a life sentence for the murder of his 66-year-old brother. It is believed they were arguing over their others burial wishes when Cecil Tomkins shot his brother Walter in the hallway of the house they shared.
Farmer Given Life Sentence For Murder Of Brother
A 63-year-old Co Wicklow farmer, suffering from Parkinson’s disease, has been given a life sentence for the murder of his 66-year-old brother. It is believed they were arguing over their others burial wishes when Cecil Tomkins shot his brother Walter in the hallway of the house they shared.
10 April 2013
Teen Remanded In Custody After Breaking Bail Conditions
A 17-year-old boy has been remanded in custody after continually breaking bail continues. He is charged with the robbery of a 27-year-old woman on the evening of February 25 last at Beresford Place, Dublin 1. It is understood that during the ‘phone snatch’ robbery the teenager tore hair from the woman’s head.
Teen Remanded In Custody After Breaking Bail Conditions
A 17-year-old boy has been remanded in custody after continually breaking bail continues. He is charged with the robbery of a 27-year-old woman on the evening of February 25 last at Beresford Place, Dublin 1. It is understood that during the ‘phone snatch’ robbery the teenager tore hair from the woman’s head.
15 February 2013
DPP To Appeal Leniency Of O'Brien Sentence
A decision by the DPP to appeal the leniency of the sentence given to Patrick O’Brien, for rape and indecent assault, has been welcomed by Fiona Doyle, O’Brien’s daughter and victim.
DPP To Appeal Leniency Of O'Brien Sentence
A decision by the DPP to appeal the leniency of the sentence given to Patrick O’Brien, for rape and indecent assault, has been welcomed by Fiona Doyle, O’Brien’s daughter and victim.
23 June 2009
Cork Man Cleared Of Rape On Appeal
The Court of Criminal Appeal has quashed the convictions of a Cork man who was jailed for raping the two teenage sisters of his former girlfriend. The 32-year-old man, who was not in court for the judgment, was tried and convicted in the Central Criminal Court last year.
Cork Man Cleared Of Rape On Appeal
The Court of Criminal Appeal has quashed the convictions of a Cork man who was jailed for raping the two teenage sisters of his former girlfriend. The 32-year-old man, who was not in court for the judgment, was tried and convicted in the Central Criminal Court last year.
21 January 2013
Serial Rapists Walks Free Pending Appeal
A man has been granted bail and walked free from jail after pleading guilty to 16 charges of rape and indecent assault against his daughter.
Serial Rapists Walks Free Pending Appeal
A man has been granted bail and walked free from jail after pleading guilty to 16 charges of rape and indecent assault against his daughter.