Cork man jailed for 10 years for raping former girlfriend's daughter

A 46-year-old Cork man has been jailed for 10 years by Mr Justice Paul Carney at the Central Criminal Court for raping and indecently…

A 46-year-old Cork man has been jailed for 10 years by Mr Justice Paul Carney at the Central Criminal Court for raping and indecently assaulting his then girlfriend's daughter in the 1980s.

Nicholas Tobin, a former ship's cook from Russell Heights, Cobh, was convicted by a jury in February on a total of 10 charges in relation to the now 30-year old woman.

The jury found him guilty on three charges of rape and seven charges of indecent assault.

Mr Justice Carney directed the jury to return a not guilty verdict on one indecent assault charge.

READ MORE

The victim was aged 12-15 years when the offences occurred.

The jury returned a unanimous guilty verdict on one rape charge and by 10-2 majority on two further rape charges.

Tobin was convicted unanimously on one indecent assault count, by 11-1 majority on two further counts and by 10-2 majority on the other four.

The trial lasted four days and the jury deliberated for just over five hours.

Tobin was previously jailed for eight years in July 2000 by Mr Justice Diarmuid O'Donovan following his conviction by a 10-2 majority on all the 11 counts in a previous trial related to the same offences.

That conviction was later quashed by the Court of Criminal Appeal, which ordered a new trial.

The previous trial spanned eight days and ended on March 15th, 2000. That jury's deliberations also lasted some five hours.

Mr Justice Carney said he had been taking the view, until he heard the oral evidence of impact given by the victim, that he would not exceed the sentence which had been measured by Mr Justice O'Donovan in the first trial.

"The victim-impact evidence given in the witness box has persuaded me to resile from that position," he said.

He certified Tobin as a sex offender and directed that he serve concurrent terms of 10 years for the rape offences and four for the indecent assaults with credit for any time served following the first trial.