Man who exposed himself to girl (7) to appeal sentence

A 27-YEAR- OLD County Wexford man who exposed himself to his then sevenyear-old cousin was jailed for six months at last Wednesday’s sitting of Enniscorthy District Court.

However the man immediately met his recognisances to appeal the sentence and walked free from court until his appeal can be heard at Wexford Circuit Court.

The man, who cannot be named to protect his victim, was charged with sexually exploiting a child at a location in Wexford on April 17, 2015.

Previously the court heard that a report on the incident had been compiled by a forensic psychologist and that a victim impact report was available.

At that juncture, defending solicitor Lana Doherty said that her client had struggled academically during his school days and that he had taken four Valium tablets on the day of the offence.

Ms Doherty observed that the defendant lacked confidence and self-esteem, adding that he is troubled by depression.

Last Wednesday Judge Gerard Haughton said he had read the report. Ms Doherty said her client was pleading guilty to the offence and Judge Haughton said there was no need for him to give the facts of the case ‘other than to say that while the actions themselves couldn’t be regarded as serious in the context of sexual offences the seriousness arises from the age of the injured party.’

‘I have the reports and the facts and I have read the different reports and victim impact report. There are mitigating factors in that he pleaded guilty at an early stage and there are issues regarding his mental capacity which is a mitigating factor to a degree.

‘ The primary aggravating factor is the very tender age of the victim and the effect it has had on her as noted in her victim impact report,’ said Judge Haughton.

He also noted that a ‘serious aggravating factor was the possible that it was done as revenge’.

He sentenced the man to nine months imprisonment and suspended the final three months of the sentence for two years on his own bond of €100.

He directed that the man not have any contact with the victim or her family; to stay away from their home; to work with the probation services for the duration of his bond on his release; to report to the probation services within 48 hours of his release; to attend all appropriate appointments; to attend Safer Lives programme if he were found suitable; to attend services to address his drug misuse issues; to cooperate with all child protection services; to explore any training, education or employment programmes he would deemed suitable for; to report to gardai within 48 hours of his release from prison and to supply with an address in that time frame and to keep the peace and be of good behaviour.

Judge Haughton said that the charge carries a possible life sentence on indictment.

He also said the man would be on the sex offenders register for seven years. Recognisances were fixed in the event of an appeal and the man lodged these by the end of the court sitting allowing him to leave the court until his appeal is heard before Wexford Circuit Court.