Two men jailed for the 'gang-rape' of a child fail in sentence appeals

The pair, who cannot be named in order to protect the anonymity of the complainant, were convicted following their trial at the Central Criminal Court in November 2021.

The two men appealed the sentence, arguing that a headline sentence of 13 years was too high and that enough of a discount had been granted to the men for the mitigating factors in the case.

At the Court of Appeal this Monday, sitting in Cork City, Mr Justice John Edwards dismissed the appeal, saying there had been no error made by the sentencing judge, as argued by the appellants, in identifying 13 years’ imprisonment as a pre-mitigation headline sentence.

Mr Justice Edwards said lawyers for the appellants had argued that not only was the headline sentence “incorrect” but that “insufficient discount had been applied to appropriately reflect the mitigation for both men”.

Mr Justice Edwards said counsel for both men had argued that the “gravity of the offending had been over-assessed and that it did not belong in the more serious category [of 10-15 years’ imprisonment]”.

“We have no hesitation in rejecting that,” said Mr Justice Edwards.

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The judge said there was a substantial age difference between the two men and the 14-year-old who was “particularly vulnerable, being comatose with drink”.

Mr Justice Edwards said there had been a “callous exploitation of a vulnerable victim which was a breach of trust” during what the judge said was a “sequential rape where neither appellant intervened to protect her”.

“There was more than the usual level of degradation,” said Mr Justice Edwards, who said the trial heard of the two men encouraging each other “to finish” and saying: “now it’s your turn”.

Mr Justice Edwards said there had been “utter disregard for the victim in the vilest of double-rapes against a child victim who was vulnerable”.

Mr Justice Edwards said the “correct” headline sentence of 13 years had been chosen by the trial judge.

Mr Justice Edwards said there had been no apology to the victim and only a late acceptance of the jury verdicts.

Mr Justice Edwards said the case had not been one “on the cusp” but rather one where “lengthy sentences must be served for egregious cases”.

Mr Justice Edwards said the offence was a “gang-rape of a child” and that a “high level of degradation” was present in the case.

“We are completely satisfied that the trial judge took account of mitigation for both appellants. The appellants must serve lengthy sentences, however difficult it may be to those left behind,” said Mr Justice Edwards, who then dismissed the appeals.

At the trial, the complainant told the court that the rape had changed her from a carefree, bubbly child to a frightened, guilt-ridden victim. She said she still feels shame and anxiety as a result of the events on the night.

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When passing sentence in May 2022, Ms Justice Eileen Creedon said the men had taken the girl to an isolated area, given her alcohol and raped her in succession, “robbing her of her innocence” in “extremely degrading and humiliating” circumstances.

She said it was a “cynical, calculated and egregious” crime and that the men had “taken advantage of a young and vulnerable child” when she was “comatose” with alcohol.