A Cork man who lifted a 10-year-old lady from her mattress whereas she was sleeping has misplaced an attraction towards sentence for sexual assault.
Seán Garvey, aged 52, of Hartland’s Avenue, The Lough, had pleaded not responsible to sexually assaulting the lady at a home in Cork on February 6, 2016.
He was discovered responsible by a jury and sentenced to seven years imprisonment with the ultimate two years suspended by Decide Gerard O’Brien on June 1, 2017.
The sufferer was not associated to Garvey. Her household needed Garvey named within the media following his sentencing. Nonetheless, it’s not attainable to publish any info in relation to the case that may determine the sufferer.
He misplaced an attraction towards his sentence right now with the Courtroom of Attraction unable to determine any error in precept.
President of the Courtroom of Attraction Mr Justice George Birmingham stated the 10-year-old lady was awoken round 3am to Garvey lifting her off the bed.
She went to the bathroom first, and Garvey tried to comply with her.
She was dragged downstairs by the wrist, in response to prosecuting counsel Dermot Sheehan BL, the place Garvey tried to take down her garments.
The assault got here to an finish when the lady managed to kick Garvey and wind him. She ran and alerted an grownup.
Mr Justice Birmingham stated Garvey had an excellent work report, although his working profession had come to an finish for medical causes. A medical report from Garvey’s longtime GP referred to him experiencing stress and nervousness.
He had some earlier convictions for street visitors and public order issues however none have been related to this offence.
Mr Justice Birmingham stated the offence was “clearly” a critical one. It had had a really vital have an effect on on the injured occasion in addition to her household.
The actual fact the case was contested, on a responsible plea, meant probably the most highly effective mitigation that may have been obtainable was not obtainable to Garvey.
Mr Justice Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, stated the court docket couldn’t determine any error in precept and the attraction was subsequently dismissed.