Life sentences imposed by Mr Justice Carney on a man for raping his former girlfriend will now be suspended after he has served eight years, less statutory remission.
The judge imposed two concurrent life sentences on Thursday in the Central Criminal Court on the 25-year-old Cork city man, who pleaded guilty to rape and aggravated sexual assault on November 1st, 1997, at the Old Head of Kinsale. The sentences were backdated to November 1998 when he was taken into custody.
Mr Justice Carney said yesterday it had occurred to him after imposing sentence on Thursday he had not expressed his intentions as clearly as he should have and it was necessary to deal with it in another fashion. Therefore, instead of making an order for the suspension to come into effect after a nine-year sentence had been served, less one year suspended to take account of the guilty plea, he would direct that the defendant serve eight years before his sentence would be suspended.
He said he believed statutory remission on eight years would come into effect after six years. It would then be open to the gardai to have the life sentence reactivated should there be signs he was a danger to anyone.
Prosecuting counsel Mr Erwin Mill Arden SC (with Ms Mary Ellen Ring) said the Director of Public Prosecutions was concerned at the sentence because it appeared the court wished to pass a life sentence with conditions.
Mr Justice Carney replied: "I'm conscious of the fact that I'm breaking new ground. Life sentences have been advocated in many quarters for these cases, as they give control over the defendant."
The DPP could challenge his sentence in another forum if he wished.