THE COURT of Criminal Appeal (CCA) has reduced by six months a three-year sentence imposed on an 81-year-old former religious brother for indecently assaulting two girls more than 30 years ago.
The three judge CCA reduced the jail sentence imposed on Vincent Downey on grounds he had not been given sufficient credit by the sentencing judge for admitting his guilt before the start of his trial.
Downey, formerly known as Br Bernard and based at a retreat centre in Co Monaghan, with an address at Brownshill, Stryde, Gloucestershire, UK, had pleaded guilty to four charges of indecent assault against two sisters from Monaghan and was jailed in late 2007 for three years by Judge John O'Hagan at Monaghan Circuit Court.
The four counts against Downey related to offences between 1977 and 1981, when the girls were aged about eight and nine years. Both victims, who cannot be named for legal reasons, attended yesterday's sentence appeal hearing.
Downey, who has been on bail since the sentence was imposed, appealed the sentence on grounds that it was unduly severe.
Moving the appeal, Michael O'Higgins SC, for Downey, argued the sentencing judge did not give his client sufficient credit for his plea of guilty. He also submitted that Mr Downey's ill health had not been fully taken into account.
The DPP opposed the appeal and argued that the sentence should remain intact.
The three-judge CCA, with Ms Justice Fidelma Macken presiding, and sitting with Mr Justice Liam McKechnie and Ms Justice Mary Irvine, said they were satisfied the sentencing judge had erred and the appeal court reduced the three-year sentence by six months.
Ms Justice Macken said Downey's actions had "adverse" and "very serious" effects on his victims. While Downey's admissions had not been given early in the day, he was entitled to some credit for pleading guilty, the judge said.