A man who raped a 10-year-old boy when he was a teenager has been given a 30 months sentence by Mr Justice Paul Carney at the Central Criminal Court.
James Fitzgerald (20), of Bridgefoot Street, Dublin, pleaded guilty to committing the offence on a date unknown between September 1st, 1997 and March 31st, 1998.
Mr Justice Carney granted a certificate for leave to appeal the sentence to ascertain if it was too severe in the light of the fact that Fitzgerald was aged 14-15 years when he committed the crime.
Mr Justice Carney noted that no guidance from the Court of Criminal Appeal or elsewhere had been forthcoming to him on this aspect despite his having requested both prosecution and defence to advise him. He directed that his name be placed on the register of sexual offenders. He also directed that Fitzgerald undergo 18 months post-release supervision.
Mr Justice Carney said the factors against Fitzgerald were the nature of the crime and his previous "total contempt" for the probation services. In his favour were his guilty plea and difficult background.