A rapist described as a “serious threat to the women of Cork” has been released from prison following a successful appeal against the activation of his sentence for having a drink.
John English (38), whose only available address in Cork cannot be published by court order, was sent back to prison for five years for not complying with the conditions of his release from prison for the rape of an Australian woman he met in a bar in Cork.
In 2004 he was sentenced to 18 years imprisonment with five suspended, after pleading guilty to raping the Australian tourist in November 2002.
He was described by Mr Justice Barry White at the time as "a danger and a menace to society" and "a serious threat to the women of Cork". Judge White suspended five years of the sentence on condition that English comply with all recommendations made by the Probation Services, who directed that he abstain from alcohol.
After English was released in September 2012, he was spotted drinking and the case was re-entered in the Central Criminal Court where his the five-year suspended period of imprisonment was reactivated.
He successfully appealed on Friday against the activation of the entire five year and was released on conditions that afternoon.
Mr Justice Michael Peart, presiding, said the Court of Appeal was satisfied that the activation of the entire five year suspended period was disproportionate to the breach of his bail conditions.
He said English had taken a drink with his father a short time after his release having served 13 years of the 18-year sentence.
Mr Justice Barry White, who ordered the activation of English’s suspended period, was of the view that due to the particular circumstances of this case, he had no option but to activate the entire of the sentence and he did so, Mr Justice Peart said.
Having found that the activation of the entire five-year period was a disproportionate sentence given the nature of the breach, the Court of Appeal therefor set aside the activation order.
Mr Justice Peart, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the court was of the view "that Mr English should now be released".
The Court ordered English’s release and suspended the balance of the sentence.
He was required to enter into a new bond of €100, to keep the peace, be of good behaviour for the balance of the suspended period and to engage with the probation and welfare services.