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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)
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Ireland WeatherThis Evening and Tonight:Mostly cloudy with showery outbreaks of rain reaching parts of Antrim and Down later this evening, The showers will extend westwards overnight, clearing from most places by morning. Minimum temperature 7 °C.
