Mother who slapped, boxed and threatened five children walks free from Court of Appeal

A mother who slapped, boxed and called her five children derogatory names walked from the Court of Appeal after she successfully argued that the trial judge did not adequately address her rehabilitation efforts when jailing her for one year.

The woman (38), who cannot be named in order to protect the identity of her children, was jailed at Trim Circuit Criminal Court last month on five counts of cruelty to her children who were aged between 11 and four-years-old at the time.

The woman pleaded guilty and was jailed for two years with the final 12 months suspended on all five counts, with the concurrent sentences to run from March 8.

The woman had entered five guilty pleas before Judge John Martin for offences under Section 246 of the Children Act 2001.

The five children had been subject to physical, verbal and emotional abuse by the woman between September 2019 and December 2020.

The woman appealed the custodial element of the sentence on grounds of severity.

At the Court of Appeal this Thursday, April 18, Kathleen Leader SC, representing the woman, submitted that her client’s rehabilitation efforts had not been fully acknowledged by the sentencing judge.

Counsel submitted that the trial judge “fell into an error in principle” in relation to the custodial penalty imposed.

Ms Leader said that her client had entered a guilty plea on all counts, had endured a difficult upbringing and was an alcoholic.

Ms Leader said she had “no issue” with the three-year headline sentence but had an issue solely with the custodial element.

Ms Leader said the woman had a “bad” problem with alcohol but that her client’s “slapping, boxing and shouting” at the children was a means to “exercise control”. “She could not cope and had issues with mental health,” said Ms Leader.

Ms Leader said the woman, who is now drink and drug free, has completed educational courses and meets her children, who are in care, bi-weekly. She has also completed a 12-week alcohol treatment programme in the Cuan Mhuire addiction facility.

Responding, Carl Hanahoe BL, for the State, said that the State did not accept that the trial judge had made an error in principle when sentencing the woman.

Mr Hanahoe said the principles of sentencing were “punishment, deterrence and rehabilitation” and that the “interests of society are present in all three”.

Delivering the court’s ruling, Ms Justice Tara Burns said the case was a “difficult” one and that the children had been subject to “physical interactions”, called “very derogatory names” and threatened.

Ms Justice Burns said it was “understandable” that the trial judge identified three years as a headline sentence “in light of the extent of behaviour towards the children” and the court found this did not amount to an error in principle.

"However, it is also clear that this appellant has taken great steps. She clearly recognised the wrongs done to her children and has made progress going to her understanding regarding her struggle to cope and she has had a very difficult personal history,” said Ms Justice Burns.

“She is a caring mother and was very, very unfortunate she did not have those skills when she was with the children. It is important that the child-and-mother bond is maintained. One is hopeful that going forward she can maintain that bond,” said Ms Justice Burns.

Ms Justice Burns said that in light of the evidence before the court regarding rehabilitation, the trial judge had made an error in principle and that the Court of Appeal would quash the original sentence.

In re-sentencing the woman, Ms Justice Burns said the court would sentence the woman to a fully-suspended two-year sentence to start from Thursday and take into consideration the amount of time already served in custody by the appellant.