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Case of ‘unduly lenient’ sentence adjourned

This article is from page 10 of the 2011-03-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG

A MAN whose jail term for raping his pregnant ex-girlfriend at gunpoint in her County Clare home was described by a court as “unduly lenient” will reappear in court later this week.

Last week, the Court of Criminal Appeal (CCA) ruled that a 10-year jail term – three of which was suspended – handed down to a 45-yearold man last year should be reconsidered.

However, it did not finalise the case and adjourned it to allow for a governor’s report and psychiatric report to be prepared by the man’s legal team. The case will be before the threejudge CCA again on Thursday. The case came before the CCA after the DPP appealed the sentence handed down.

The man, who was living in Clare, was convicted last year of rape, anal rape, false imprisonment, possessing a firearm and threatening to kill the woman on September 9, 2007.

The CCA said last week it found the case to be “most shocking” as it had involved profound violence.

The man was convicted after a 14-day trial at the Central Criminal Court last year.

The trial heard that the man and his ex-girlfriend had broken up on 27 occasions.

The victim described the night as “mentally torturous” and said she had been made to believe her death and the death of her unborn baby were imminent. The trial judge, Mr Justice Paul Carney said, “It was serious criminality involving a lifethreatening siege which was diffused only by the extraordinary skilled and sensitive approach by the gardaí.” He described the incident as being at the upper end of criminality, involving a dangerous hostage siege.

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