A young man jailed for the rape and manslaughter of beautician Rachel Kiely in Cork in 2000 has had his sentence increased from eight to 12 years, after the Court of Criminal Appeal yesterday agreed with the DPP that the original sentence was unduly lenient.
Taking into account time already spent in custody, Ian Horgan, who was due for release later this year, is expected to serve at least another three years in custody.
Following a retrial, Horgan (23), Innismore Square, Ballincollig, Co Cork, was found guilty at the Central Criminal Court in March 2006 of the rape and manslaughter of Ms Kiely (22), on October 26th, 2000, at the Regional Park in Ballincollig.
He was sentenced to eight years in prison, six of which were suspended by Mr Justice Barry White. When passing sentence, the judge said he was taking into account that Horgan had already spent four and a half years in custody prior to his retrial.
Yesterday, the three judge appeal court increased the eight year sentence to 12 years after granting the DPP's appeal for review of the sentence on grounds of "undue leniency".
Patrick McCarthy SC, for the DPP, contended the trial judge Mr Justice White had erred in principle by not balancing the aggravating factors against the mitigating factors in the case.
Mr McCarthy said the evidence was that Horgan had "ambushed" Rachel Kiely when she was out for a walk in the park which was close to her home. The rape of Ms Kiely was at the "most severe end of the scale", and the level of violence involved had lead to Ms Kiely's death.
Horgan's plea of manslaughter at the start of the trial was "negligible", counsel added.
Counsel for Horgan, Brendan Grehan SC, said the original sentence should not be disturbed. He objected to what had happened being characterised as an "ambush" of Ms Kiely, Mr Grehan said. There was no evidence that what had happened was premeditated. Horgan had also made an "amateurish attempt" to cover his tracks.
The jury had acquitted Horgan of murdering Ms Kiely and he had pleaded guilty to her manslaughter at an early stage, counsel added. Horgan was 16 years of age when he killed Ms Kiely and he had no previous convictions. Horgan also apologised for his actions after the verdict was returned by the jury. Horgan had not appealed against his conviction for rape, Mr Grehan added.
Horgan is now a registered sex offender and is serving his sentence on a special wing in the Midlands Prison, Portlaoise, Co Laois. He also wanted to get on a treatment programme for sex offenders, counsel said.
Mr Justice Nicholas Kearns, presiding at the appeal court and sitting with Mr Justice John MacMenamin and Mr Justice Roderick Murphy, said the court believed the trial judge had erred in principle in the sentence imposed.
Mr Justice Kearns said the court believed concurrent terms of 12 years for both the rape and manslaughter were more appropriate sentences. It also backdated the commencement of the sentence to September 2001.
Mr Justice Kearns said the court will issue a full written judgment outlining the reasons for its decision at a later date.
Mr Justice Kearns also noted that this was the trial where former State pathologist Dr John Harbison became ill and was unable to give evidence, and that Dr Marie Cassidy had to step in and give evidence.
Horgan was originally convicted by a jury in June 2002 of rape and murder but the Court of Criminal Appeal overturned the conviction in December 2004 and ordered a retrial.