Teenager’s sentence for defilement of child activated after judge’s conditions breached

A teenager who was 14 when he had unlawful sexual intercourse with a girl in a public park has had one year of a deferred sentence activated after failing to abide by a judge’s conditions.

The now 17-year-old was previously given a four year sentence that was deferred on certain conditions and which could be activated, suspended or partially suspended on the deferred date.

The conditions included that he not commit further offences and follow all directions of the Probation Service. The Central Criminal Court heard these conditions had been breached.

The teenager, who cannot be named as he is a minor, pleaded guilty to the defilement of a child under the age of 15 at a location in Co Dublin on December 31st, 2019.

Can we finally say goodbye to shaming women for letting their hair go grey?

---

Ireland’s women DJs: ‘I don’t need your approval, mate. I’ve been at this a long time’

---

Midlands-North-West: Battle for final seat could end with a small party making a breakthrough

---

Robert De Niro’s raging at Trump outside courthouse was an extraordinary moment in American public life

---

At a sentence hearing in December 2021, the prosecuting garda told the court the accused had forced the girl onto the ground. He removed his trousers and forced her head onto his penis. The accused removed her trousers while she objected. He performed sex acts on her, then had unlawful sex with her.

The boy denied having unlawful sex with the victim, but admitted to the other sexual activity. He claimed that the victim had been the instigator and everything was done with consent.

Enormous effect

Imposing the deferred sentence in January of last year, Mr Justice Paul McDermott said the young girl being “attacked and violated in the way she was, by a boy she thought she could trust” had understandably had an enormous effect on her.

He said under the provisions of the Children Act 2001, a period of detention should only be imposed as a last resort. He said the court could defer imposition of a sentence for a period following which a sentence can be activated if the accused has not done what they are asked to do.

Mr Justice McDermott said he would impose a four-year order of detention, but deferred the imposition of this sentence and adjourned the matter for finalisation.

The judge remanded the accused on continuing bail under strict conditions, including that he not commit further offences, follow all directions of the Probation Service and not make direct or indirect contact with the victim. The case was further adjourned last December to allow matters against the accused in the District Court to be dealt with.

Lack of maturity

On Friday, Mr Heneghan said a probation report before the court had some positive aspects but acknowledged that the boy’s lack of maturity and engagement was troubling. He said the boy was lacking any adult guidance or assistance from friends or family and was not aware that the Probation Service could point him in the right direction if he engaged.

He said that no one wanted to abandon all hope for a 17-year-old and submitted he could become a proper and upstanding member of society if given the opportunity.

Mr Justice McDermott said he had been hoping for a positive probation report outlining the boy’s engagement but that had not happened. He said the boy had made choices contrary to the direction the court was trying to point him in.

He noted that the offence had been committed by the boy when he was 14 and that anyone who has dealt with the boy since recognised he was at very low risk of similar reoffending.

He said that the boy had made some efforts to engage initially but recently things had gone “way off the rails.” He noted there may be some cognitive issues and was taking that into account.

Mr Justice McDermott activated 12 months of the four year period of detention and suspended the final three years for two years. He told the boy that during his time in detention, he should try to engage with and address what people were trying to do for him.