R v Daniel John O'Connell Attorney General's Reference No 2 of 2004 (AG Ref 1 of 2004)
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2004,30 April 2004 |
| Neutral Citation | [2004] NICA 15 |
| Year | 2004 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 30 April 2004 |
Neutral Citation no. [2004] NICA 15
Ref:
KERF4146
Judgment: approved by the Court for handing down
Delivered:
30/4/04
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ATTORNEY GENERAL'S REFERENCE NUMBER 2 OF 2004
(DANIEL JOHN O’CONNELL)
(AG REF 1 of 2004)
________
Before Kerr LCJ, Nicholson LJ and Campbell LJ
_________
KERR LCJ
Introduction
[1] The offender, a 51-year-old married man, was arraigned on
17 September 2003 on eight counts of rape, one count of attempted rape
and two counts of indecent assault at Londonderry Crown Court and
pleaded not guilty to all counts. On 20 November 2003 he was further
arraigned on another five counts of indecent assault to which he pleaded
guilty. His trial proceeded on that day in respect of the remaining eleven
counts and on 1 December he was convicted of eight counts of rape, one
count of attempted rape and one count of indecent assault. On 29 January
2004 His Honour Judge Lockie sentenced the offender to a custody
probation order under article 24 of the Criminal Justice (Northern Ireland)
Order 1996 consisting of 10 years’ custody and 2 years’ probation in respect
of each of the eight rape counts, 5 years imprisonment in respect of the
attempted rape and 18 months imprisonment in respect of the indecent
assaults, all sentences to run concurrently. The Attorney General sought
leave to refer the sentence to this court under section 36 of the Criminal
Justice Act 1988, on the ground that it was unduly lenient. We gave leave
and the application proceeded.
Background facts
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