A rapist who attacked a woman in her home while she slept has had his sentence increased from three to 10 years by the Court of Criminal Appeal.
In a ruling following an appeal by the Directory of Public Prosecutions, the court said in its judgment today that trial judge Mr Justice Paul Carney had "erred in principle" in handing down the sentence to Adam Keane (20) last March and said it was "unduly lenient".
In March, bricklayer Keane, from Daragh, Co Clare, was found guilty of raping Mary Shannon (33) also from Daragh, while she slept in her home in May 2005.
Ms Shannon has a hearing impairment and had taken out her hearing aid so she did not hear him entering her house. He turned off the light so she thought initially he was her boyfriend when she awoke. Ms Shannon has waived her right to anonymity.
Keane pleaded not guilty at the trial. He claimed he had blacked out after drinking and taking the lethal ecstasy ingredient MDMA and could not remember anything.
Keane originally had his sentence controversially suspended by Mr Justice Carney. But in May the sentence was activated and he was jailed by Mr Justice Carney when he heard evidence that Keane had flicked a cigarette in Ms Shannon's direction hours after leaving the court.
Handing down the initial suspended sentence Mr Justice Carney warned Keane's lawyer an appeal by the DPP was likely. "The Director is very trigger happy in relation to appeals on the grounds of undue leniency," Mr Justice Carney said.
In today's ruling Chief Justice John L Murray presiding said "the well established principle that a custodial sentence should be imposed for the offence of rape ought to have been followed".
"There being no facts or circumstances in the case which could justify the exceptional and rare departure from that principle. Accordingly in imposing a suspended sentence in this instance the learned trial Judge erred in principle," the ruling said.
The ruling concluded that Keane should be sentenced to 10 years in jail, with three years suspended and Keane will be subject to a period of one year post-release supervision pursuant.
"The sentence reflects the gravity of the offence itself in the circumstances in which it was committed by this respondent," the ruling stated.
Outside the court Ms Shannon's sister Sarah made an emotional statement on her behalf.
"I hope today's is a positive result and encourages other victims of sexual assault to come forward and seek justice," she said.
"Although it has been a long road to today's deserved justice I feel that after today's verdict it has all been worthwhile.
"I feel hopeful that in the future no rapist should ever be able to walk a free person from court without serving a custodial sentence after a verdict of guilty has been passed."
She praised the media and gardaí for their support and called on the Justice Minister Brian Lenihan to rectify "the serious flaws in our justice system".
"This is the only way it can be ensured that no victim has ever to go to the lengths I had to fight for justice," she added.
Additional reporting PA
