A JUDGE HAS criticised the lack of provision in legislation for the suspension of sentences in the cases of serious crimes committed by young offenders.
Mr Justice Paul McDermott noted this had created a “dilemma” in sentencing as he finalised the case of a teenage boy charged with the serious sexual abuse of a younger child.
The now 17-year-old, who can’t be named for legal reasons, pleaded guilty at the Central Criminal Court to oral and anal rape of the boy on dates between July 2019 and October 2021.
The victim was aged between six and nine at the time, while the defendant was between 13 and 15 years old.
Mr Justice McDermott noted that as he was sentencing a child, he had to have regard to the accused’s best interests, as well as those of the injured party and the protection of society.
He said the law provides that detention should be a last resort for those under 18 and they should be allowed to continue their education and maintain family relationships without interruption, but in some cases that is not possible. He said this was one of those cases.
Mr Justice McDermott said he felt the appropriate sentence in this case for a child was three years detention and if he had the power he would suspend the final twenty months.
The judge said as he did not have that power, he was going to impose sixteen months detention on the first count and adjourn sentencing on the second count until after the accused turns 18.
He said he would then impose a further sentence of twenty months which would be suspended for three years on strict conditions including going to school, training, as well as professional courses to address his offending and taking on board the directions of the Probation Service.
Court left with little option
The judge said he saw benefits from the reports before the courts in the accused boy working with others for the next few years to address his offending and ensure it does not happen again, but noted it had to be recognised an offence was committed.
He said the absence of a power to suspend sentences in part or in full left the court with little options. He said a provision for such sentences would make the process much more straightforward. He said this area of sentencing was “fraught with difficulty at the moment”.
Mr Justice McDermott noted the failure to provide for suspended sentences did not really apply to children in the District Court where most child offending is addressed, but in serious cases such as this offence it would be “very useful”.
Abuse
The court heard previously that the teenager was a neighbour of the young boy. The abuse came to light in October 2021, after a third party came across the abuse in a communal area of a residential complex.
In a victim impact statement read to the court, the victim’s mother said her son “had trust in everyone” in the area including the teenager – as did she.
She said her son looked up to the teenager, who “took away [his] childhood and innocence” and his actions will remain with her son “for his whole life”, she said.
She described the teenager’s actions as “inexcusable” and said they will never be forgotten or forgiven.
The court heard the abuse came to light in October 2021, when a third party walked into a communal outdoor space of a residential complex and noticed two boys, the younger one with his tracksuit bottoms down and his buttocks exposed, and an older boy standing behind him.
The third party shouted and the two boys ran away. The victim’s mother was nearby and the third party told her what he had seen. She asked her son, who initially said nothing had happened, but then told her something had.
Gardaí were contacted and the victim was interviewed by specialist gardaí. He said he was out playing when the teenager said he had a surprise for him.
He said he was brought to the communal area and told to close his eyes and pull his trousers down.
The teenager then raped him anally, which he said left him feeling sore. The boy said the teenager put his penis in his mouth, telling him to “suck it”.
He said this occurred around four times. He said he refused on one occasion and started crying, but the teenager slapped him on the head.
Gardaí spoke to the defendant at the scene and while he admitted being there, he denied any sexual activity. He attended voluntarily for interview at a garda station with his father and denied the allegations. He has no previous convictions.
Victim impact statement
In a victim impact statement, the boy’s mother described him as a kind, happy and bubbly child who was the “life and soul of any party” and involved in many local activities.
She said her son “wanted to fit in and be liked” and they as a family had “no reason” to be concerned about the boy in the teenager’s company as they trusted him.
However, their trust in their neighbours has been “shattered” resulting in a feeling of isolation and what happened has also had an impact on the “close-knit community” they are part of.
The boy’s mother said she doesn’t leave him alone, due to a “lack of trust” and this has caused her sleepless nights and anxiety. She said her son has not returned to his usual activities.
She said the teenager exploited her son’s innocence and abused his position, adding that she can’t understand how “anyone can abuse and destroy the life of young boy”.
Her son is “still my happy boy”, but she said she is concerned for his future.
Following a query from Mr Justice McDermott, the court heard that the boy is seeing a counsellor in school, but does not wish to dwell on the abuse.
The investigating garda agreed with defence counsel that all of the offending took place in the same location and the teenager was aged between 13 and 15 at the time.
It was further accepted that he had handed over his clothes and a DNA sample, with a number of forensic reports received by gardai from March 2022. The witness agreed the teenager was co-operative during the investigation.
It was also accepted that the teenager’s guilty plea was of assistance to the prosecution.
The court heard that the case was sent forward to the Central Criminal Court after the teenager was deemed unsuitable for the juvenile diversion scheme in January 2023.
Defence counsel noted the teenager is currently doing his Leaving Certificate and wishes to continue his education. He had challenging behaviour when he was younger and was referred for psychological assessment. His parents were in court to support him.
He said the probation report outlines that the teenager acknowledges the trauma and shame caused to the boy and that he was too young to consent.
He asked the court to take into consideration his client’s guilty plea, his young age at the time and the significance to a teenager of the passage of time since the offending occurred.
A psychological report was handed to the court, which outlined that the teenager needs to work on his insight into his offending and victim empathy.
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