Judge criticises appeals by DPP

A central Criminal Court judge has criticised the DPP in regard to the taking of appeals against alleged leniency of sentences…

A central Criminal Court judge has criticised the DPP in regard to the taking of appeals against alleged leniency of sentences in sexual offences cases.

Mr Justice Carney said the DPP had repeatedly criticised him in the Court of Criminal Appeal without first recommending what sentence should be handed down.

He also noted that the DPP would not say "to the face" of a sentencing judge what the appropriate sentence should be.

The DPP had increased the number of appeals to the Court of Criminal Appeal from two in 1994 to 31 this year.

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He added: "The DPP is willing to criticise me in the Court of Criminal Appeal without taking a position on sentencing before me in this court."

Mr Justice Carney made his comments before handing down a five-year suspended sentence to a Wexford man who was convicted by a jury of twice sexually assaulting his seven-year-old daughter.

He imposed the sentence on condition that the man never again communicate with the girl.

Passing sentence, Mr Justice Carney said that because of the actions of the DPP, the defendant had no guarantee that the matter had been finalised.

He noted that in 1994, when the DPP was first given the power to appeal the leniency of sentences, there were two appeals taken. This figure rose to four in 1997, to 11 in 1998, and to 31 in 1999.