A former soldier who was jailed and forced to pay compensation from his Irish Army pension for sexually assaulting a young boy has had his jail term cut by the Court of Appeal.
John Patterson (58), of Mourne Road, Drimnagh, had pleaded not guilty to 14 counts of sexual assault committed against a boy at Mourne Road on dates between February 22nd, 2001 and September 1st, 2003.
Having been found guilty by a jury at Dublin Circuit Criminal Court, Patterson was sentenced to eight years imprisonment and ordered to pay compensation from his Army pension in the sum of €24,000 by Judge Donagh McDonagh on November 25th, 2010.
In the Court of Appeal on Monday, Mr Justice Garrett Sheehan said Patterson's appeal had come late in the day.
Having been sentenced four years ago, the Court of Appeal was limited in its approach, however, eight years was “undoubtedly on the high side,” Mr Justice Sheehan said.
Mr Justice Sheehan, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, left in place the eight-year sentence and the compensation order but suspended the final 21 months.
The Court of Appeal had indicated on a previous occasion that it would be of some use if Patterson could participate in the ‘Building Better Lives’ sex offenders programme run by the Irish Prison Service.
However, his counsel, James Dwyer BL, said Patterson had been told he is not eligible to enter the programme because he had not pleaded guilty to the offence.
Patterson was required to enter into his own bond of €100 to keep the peace and be of good behaviour. When asked if he undertook to be so bound he nodded his head and said “yes”.
He still has a number of months to serve on his sentence, the court heard.