The Court of Criminal Appeal has halved from six years to three years a sentence imposed on a serial sex offender for sexually assaulting a young Japanese woman.
The court said it was reducing the sentence on certain conditions, including that Derek Caffrey is monitored for alcohol and drug problems.
Counsel for Caffrey had argued the six-year sentence, imposed in February 2007 to run consecutively with an earlier six-year sentence of December 2006, was severe and failed to take into account Caffrey's personal circumstances, his terrible past and his psychiatric conditions.
The sentencing judge had described Caffrey, who has other convictions for sex offences, as a "walking menace to every female".
Caffrey (41), Edenmore Gardens, Raheny, Dublin, had received the six-year term at Dublin Circuit Criminal Court last February for sexually assaulting the Japanese woman on February 12th, 2006, in the female toilet at Barry's Hotel, Great Denmark Street, near the city centre.
Caffrey was sentenced by Judge Frank O'Donnell to six years' imprisonment. The judge directed that the sentence run consecutively with another six-year sentence imposed on Caffrey in December 2006 at the Central Criminal Court for sexually assaulting a 29-year-old woman near his home on November 1st, 2002. Caffrey also has three other previous convictions for sex offences.
Yesterday the appeal court, with Mr Justice Hugh Geoghegan presiding and sitting with Mr Justice Liam McKechnie and Mr Justice John MacMenamin, said that after "careful consideration of all the circumstances", including Caffrey's personal circumstances, the court believed the six-year sentence imposed by Judge O'Donnell, in addition to the sentence he was already serving, was "excessive".
He said the court would suspend the final three years of the six-year sentence provided Caffrey adheres to certain conditions. Caffrey should enter into a bond of good behaviour and, on his release, he must attend with the probation and welfare services three times a week in a sober condition. He must also make himself available for alcohol and drug tests, and must comply with any directions or drug regime imposed by the probation services.
During Caffrey's trial, Dublin Circuit Criminal Court was told that when the Japanese woman in question opened a toilet cubicle door in Barry's Hotel in February 2006, Caffrey grabbed her.