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Sunday World
4 hours ago
- Sunday World
Decision to extend notorious rapist's sentence by 16 years is ‘wrong', barrister tells court
APPEAL | Michael Murray (54) was jailed for 15 years for falsely imprisoning, raping and sexually assaulting a woman at a Dublin apartment in February 2010. Michael Murray (54), formerly of Seafield Road, Killiney, Co Dublin, was found guilty in 2021 of making death threats against Dominic McGinn SC in November 2014 and Tony McGillicuddy BL in January 2015 – the barristers who prosecuted the rape case against him in the summer of 2013. He was also convicted of harassing his victim by advertising her online as a prostitute, and making similar posts about Mr McGinn and his former defence solicitor in January and February 2015. He had pleaded not guilty to all of these offences. In 2013, Murray was jailed for 15 years for falsely imprisoning, raping and sexually assaulting the woman at a Dublin apartment in February 2010, and abducting her child. His sentence was later increased to 19 years imprisonment by the Court of Appeal, which was backdated to February 2010. Michael Murray In July 2021, judge Karen O'Connor sentenced Murray to nine years in prison for the threat to kill Mr McGinn and seven years for the threat to Mr McGillicuddy. The judge sentenced Murray to the maximum seven years for the harassment of the woman he was convicted of raping 'in the context of re-victimising [her] after such serious and violent offending.' Judge O'Connor ordered that the nine-year sentence for the threat to Mr McGinn and seven-year term for harassing his victim be served consecutively to each other, for an effective operative sentence of 16 years imprisonment. The judge ordered that this sentence was to date from the end of his original 19-year sentence for rape. She ordered sentences of four years for the harassment of Mr McGinn and the female defence solicitor and five years for possession of the mobile phone in prison. Murray has 34 previous convictions, including convictions for common assault, carrying firearms, robbery and aggravated burglary – with the offending dating back to 1987. Appealing the severity of his 16-year sentence today, Barry White SC, for Murray, told the three-judge court that his client was already serving a 19-year sentence for rape when the matter came before the Circuit Court in 2021. Counsel said Murray had been convicted by a jury on five counts in the Circuit Court and the appellant would only commence serving the 16 year sentence for harassment and death threats at the expiry of the 19-year rape sentence. "As a result Mr Murray now finds himself in a situation where he is now serving a 35-year sentence," he added. Michael Murray News in 90 Seconds - Tuesday, July 29 Mr White submitted that the trial judge erred in determining the appellant's sentence in circumstances where the court failed to have regard to the 'totality principle' in the particular circumstances of Murray. The lawyer said the trial judge was of the view at sentencing that there was no mitigation in the case but at several points during the course of the trial she acknowledged that the appellant had saved time and resources through concessions made. He said it was also clear to the trial judge that Murray was a man "of some considerable age" and who in 2021 was effectively 50 years old. Mr White submitted that these were mitigating factors which ought to have been considered in the context of the totality principle, whereby the court must be satisfied that the overall sentence in its totality is fair, just and proportionate. He said the core issue was that the trial judge failed to have regard to the totality principle and asked the Court of Appeal whether in the circumstances it was appropriate for the appellant "to end up with what was effectively" a 35-year sentence in totality. "In our submission it is wrong," he added. Opposing the appeal today, Ms Anne Marie Lawlor SC, for the Director of Public Prosecutions, said the 19-year sentence for rape was imposed in 2010 and the appellant was coming into "the later half or end of that sentence" in 2021. Read more Ms Lawlor submitted that the consecutive sentence handed down by Ms Justice O'Connor was entirely appropriate, wholly justified and properly reflected the gravity of the offending. She had no error in principle had been established and counsel for Murray "coming in here citing figures" didn't amount to an error in principle. Ms Justice Tara Burns told counsel that the 19-year sentence imposed for rape was not for consideration today and it was whether Ms Justice O'Connor was correct to impose a consecutive sentence of seven years for the harassment of the woman on top of the nine year sentence for the threat to Mr McGinn. "The sentencing judge explained her position in relation to the woman already being the subject of a rape trial," she added. Ms Lawlor went on to say that the totality principle was not in any way, shape or form "offended" as the gravity of the offending was of such a nature that the sentence before the court was a proportionate one. She went on to say it was a wholly justified consecutive sentence. Mr Justice Patrick McCarthy, sitting with Ms Justice Tara Burns, and Mr Justice Brian O'Moore, reserved judgement in the sentence appeal.
Sunday World
4 hours ago
- Sunday World
Suspended sentence for drug dealer caught with €114k of cocaine not too lenient, court finds
Mohamed Adeagbo (24) of Highfield, Ballincollig, County Cork, pleaded guilty to having cocaine for sale or supply at a time when its street value exceeded €13,000 The Court of Appeal has ruled that a fully suspended sentence was not unduly lenient for a man who was being paid €500 per week for his role in the supply of drugs when he was caught with €114,000 worth of cocaine. Mohamed Adeagbo (24) of Highfield, Ballincollig, County Cork, pleaded guilty to having cocaine for sale or supply at a time when its street value exceeded €13,000, at his home address on April 25, 2022. He also pleaded guilty to a money-laundering charge that on April 22, 2022, at the address at Highfield Park, he possessed the proceeds of criminal conduct, namely €1,530 in cash, while knowing that it was the proceeds of criminal conduct. He was sentenced to three and a half years for the drug offence, fully suspended, with a concurrent one-year sentence on the second charge, also fully suspended by Judge Helen Boyle at Cork Circuit Criminal Court last November. Lawyers for the Director of Public Prosecutions (DPP) launched an appeal earlier this month, arguing that Adeagbo's sentence was unduly lenient. The DPP said there were no wholly exceptional circumstances that could warrant fully suspending the three-and-a-half-year sentence. Imelda Kelly BL, for the DPP, said that Adeagbo had been detected with 1.6 kilos of cocaine with a value of €114,000, as well as a quantity of cannabis and cash totalling €1,530. She pointed out that the gardaí said the 24-year-old had been actively involved in the supply of drugs, for which he was receiving €500 per week, and an iPhone had been seized from his home containing offending messages, the barrister said. Ms. Kelly argued the sentencing judge had erred by placing excessive weight on the mitigating factors and failing to give sufficient consideration to the principles of deterrence. Adeagbo's barrister Alice Fawsitt SC said that her client had been a 21-year-old with no life experience, who came from a family of limited means and displayed no trappings of wealth. In dismissing the appeal at the Court of Appeal today, Mr Justice Brian O'Moore said Adeagbo had satisfied the judge that he was drug free at the time of sentencing, had complied entirely with everything that was asked of him by the Probation Service and had done his 'level best' to get himself back on track. 'The sentencing judge was quite entitled, in those truly exceptional circumstances, to fully suspend the sentence imposed on Mr Adeagbo,' Mr Justice O'Moore said. The judge said the headline sentence of five years was not in dispute and the reduction of that sentence by 18 months, given the signed plea of guilty, was 'in no way inappropriate'. 'The suspending of the balance of the sentence did not form a substantial or gross departure from what was an appropriate sentence in the circumstances,' he said. Cocaine. Stock image News in 90 Seconds - Tuesday, July 29
South Wales Guardian
4 hours ago
- South Wales Guardian
Nine men who abused girl should have sentences increased, Court of Appeal told
Ashley Darbyshire, Cory Barrett, Jack Poulson, Brandon Harwood, Richard Haslam, Elliot Turner, James Fitzgerald, Ross Corley and Daniel Bainbridge-Flatters were jailed in April for between two and 17 years for dozens of offences against the same victim. Darbyshire first targeted the girl when she was aged 13, and she was then abused by him and the eight other defendants over two years, mainly in the Blackrod and Adlington areas of Bolton, Greater Manchester. The Solicitor General has referred all nine sentences to the Court of Appeal, telling a hearing in London on Tuesday that they are 'unduly lenient' and should be increased. Barristers for the men are resisting the bids to increase the sentences, while Poulson and Harwood are separately seeking to appeal against the length of their jail terms. Lord Justice Edis, Mr Justice Butcher and Judge Angela Morris said they will give their ruling at 11.30am on Wednesday. Benjamin Holt, appearing for the Solicitor General, told the Court of Appeal on Tuesday that the sentences 'did not match the gravity of the case' as the men 'took it in turns to abuse this victim'. He said: 'The broad submission is that when the learned judge came to sentencing in this case, each of these offenders had committed a number of offences against an incredibly vulnerable victim.' Mr Holt continued: 'When passing sentence on the offenders, the learned judge has failed to reflect the entirety of the offending that each of these individuals was convicted of.' He also said that a 'constant theme' of the abuse was the victim being plied with alcohol and drugs. The men were arrested following Operation Pavarotti, Greater Manchester Police's investigation into child sexual exploitation allegations in the area. Darbyshire first contacted the victim on social media in 2016, when she was aged 13 and he was 19. He went on to abuse her until she was 15, raping her twice and introducing her to the other defendants, four of whom also raped her. Much of the abuse took place in a house in Blackrod, which the sentencing judge described as a 'lawless den of iniquity'. Mr Holt said that the offending only came to an end when Bainbridge-Flatters, who gave the victim cocaine on her 15th birthday, stole a car belonging to the father of another of the men and crashed it while under the influence of alcohol, with the girl a passenger in the vehicle. The victim, who was injured in the crash, then disclosed that she had been repeatedly sexually abused. Ahead of his trial, Darbyshire admitted multiple offences against the victim and four other girls aged under 16, one of whom he also raped. Sentencing him at Liverpool Crown Court in April, Judge Simon Medland KC said Darbyshire had a 'crazed attitude to sex' and treated his victim as a 'human sexual commodity'. In her victim personal statement, the girl said: 'I'd rather be dead most days than deal with all this mental torture and memories. 'I shouldn't have had to grow up so young and spend the rest of my life 'healing' from what these monsters did to me, leaving me in my own prison I built for myself in my own mind for the rest of my life.' At the hearing on Tuesday, Damian Nolan, for Darbyshire, said that his client had a brain haemorrhage before he was due to stand trial. He said: 'We submit that the ultimate sentence imposed was within the ambit of discretion afforded to Judge Medland. 'We would urge the court to leave the sentence unaltered.' Ian McLoughlin KC, for Barrett, said that his client's sentence was 'perfectly within the remit of a proper judge exercising his discretion'. Rosalind Emsley-Smith, for Bainbridge-Flatters, said that while her client's jail term 'may be a generous sentence', it was not 'overly generous'. Many of the offenders watched proceedings via video links from various prisons. Darbyshire, 28, from Bolton, was jailed for 15 years after admitting 19 offences, including rape, sexual activity with a child and making indecent images. Barrett, 24, from Wigan, was jailed for 12 years after being convicted of five counts of rape and one of assault by penetration. Poulson, 32, from Bolton, was jailed for 17 years after being convicted of 11 offences, including two counts of rape. Harwood, 25, from Bolton, was jailed for 10 years after being convicted of rape, attempted rape and sexual activity with a child. Haslam, 36, from Bolton, was jailed for 16 years after being convicted of seven offences, including three counts of rape. Turner, 27, from Bolton, was jailed for two years after being convicted of two counts of sexual activity with a child. Fitzgerald, 37, from Bolton, was jailed for five-and-a-half years after being convicted of assault by penetration. Corley, 30, from Bolton, was jailed for two years and four months after admitting two counts of sexual activity with a child. Bainbridge-Flatters, 35, from Bolton, was jailed for seven years after being convicted of four counts of sexual activity with a child, and pleading guilty to supplying cocaine and aggravated vehicle taking.
North Wales Chronicle
6 hours ago
- North Wales Chronicle
Nine men who abused girl should have sentences increased, Court of Appeal told
Ashley Darbyshire, Cory Barrett, Jack Poulson, Brandon Harwood, Richard Haslam, Elliot Turner, James Fitzgerald, Ross Corley and Daniel Bainbridge-Flatters were jailed in April for between two and 17 years for dozens of offences against the same victim. Darbyshire first targeted the girl when she was aged 13, and she was then abused by him and the eight other defendants over two years, mainly in the Blackrod and Adlington areas of Bolton, Greater Manchester. The Solicitor General has referred all nine sentences to the Court of Appeal, telling a hearing in London on Tuesday that they are 'unduly lenient' and should be increased. Barristers for the men are resisting the bids to increase the sentences, while Poulson and Harwood are separately seeking to appeal against the length of their jail terms. Lord Justice Edis, Mr Justice Butcher and Judge Angela Morris said they will give their ruling at 11.30am on Wednesday. Benjamin Holt, appearing for the Solicitor General, told the Court of Appeal on Tuesday that the sentences 'did not match the gravity of the case' as the men 'took it in turns to abuse this victim'. He said: 'The broad submission is that when the learned judge came to sentencing in this case, each of these offenders had committed a number of offences against an incredibly vulnerable victim.' Mr Holt continued: 'When passing sentence on the offenders, the learned judge has failed to reflect the entirety of the offending that each of these individuals was convicted of.' He also said that a 'constant theme' of the abuse was the victim being plied with alcohol and drugs. The men were arrested following Operation Pavarotti, Greater Manchester Police's investigation into child sexual exploitation allegations in the area. Darbyshire first contacted the victim on social media in 2016, when she was aged 13 and he was 19. He went on to abuse her until she was 15, raping her twice and introducing her to the other defendants, four of whom also raped her. Much of the abuse took place in a house in Blackrod, which the sentencing judge described as a 'lawless den of iniquity'. Mr Holt said that the offending only came to an end when Bainbridge-Flatters, who gave the victim cocaine on her 15th birthday, stole a car belonging to the father of another of the men and crashed it while under the influence of alcohol, with the girl a passenger in the vehicle. The victim, who was injured in the crash, then disclosed that she had been repeatedly sexually abused. Ahead of his trial, Darbyshire admitted multiple offences against the victim and four other girls aged under 16, one of whom he also raped. Sentencing him at Liverpool Crown Court in April, Judge Simon Medland KC said Darbyshire had a 'crazed attitude to sex' and treated his victim as a 'human sexual commodity'. In her victim personal statement, the girl said: 'I'd rather be dead most days than deal with all this mental torture and memories. 'I shouldn't have had to grow up so young and spend the rest of my life 'healing' from what these monsters did to me, leaving me in my own prison I built for myself in my own mind for the rest of my life.' At the hearing on Tuesday, Damian Nolan, for Darbyshire, said that his client had a brain haemorrhage before he was due to stand trial. He said: 'We submit that the ultimate sentence imposed was within the ambit of discretion afforded to Judge Medland. 'We would urge the court to leave the sentence unaltered.' Ian McLoughlin KC, for Barrett, said that his client's sentence was 'perfectly within the remit of a proper judge exercising his discretion'. Rosalind Emsley-Smith, for Bainbridge-Flatters, said that while her client's jail term 'may be a generous sentence', it was not 'overly generous'. Many of the offenders watched proceedings via video links from various prisons. Darbyshire, 28, from Bolton, was jailed for 15 years after admitting 19 offences, including rape, sexual activity with a child and making indecent images. Barrett, 24, from Wigan, was jailed for 12 years after being convicted of five counts of rape and one of assault by penetration. Poulson, 32, from Bolton, was jailed for 17 years after being convicted of 11 offences, including two counts of rape. Harwood, 25, from Bolton, was jailed for 10 years after being convicted of rape, attempted rape and sexual activity with a child. Haslam, 36, from Bolton, was jailed for 16 years after being convicted of seven offences, including three counts of rape. Turner, 27, from Bolton, was jailed for two years after being convicted of two counts of sexual activity with a child. Fitzgerald, 37, from Bolton, was jailed for five-and-a-half years after being convicted of assault by penetration. Corley, 30, from Bolton, was jailed for two years and four months after admitting two counts of sexual activity with a child. Bainbridge-Flatters, 35, from Bolton, was jailed for seven years after being convicted of four counts of sexual activity with a child, and pleading guilty to supplying cocaine and aggravated vehicle taking.
The Independent
7 hours ago
- The Independent
Nine men who abused girl should have sentences increased, Court of Appeal told
Nine men who were jailed for sexually abusing a teenage girl who a judge said was treated as a 'human sexual commodity' should have their sentences increased, the Court of Appeal has been told. Ashley Darbyshire, Cory Barrett, Jack Poulson, Brandon Harwood, Richard Haslam, Elliot Turner, James Fitzgerald, Ross Corley and Daniel Bainbridge-Flatters were jailed in April for between two and 17 years for dozens of offences against the same victim. Darbyshire first targeted the girl when she was aged 13, and she was then abused by him and the eight other defendants over two years, mainly in the Blackrod and Adlington areas of Bolton, Greater Manchester. The Solicitor General has referred all nine sentences to the Court of Appeal, telling a hearing in London on Tuesday that they are 'unduly lenient' and should be increased. Barristers for the men are resisting the bids to increase the sentences, while Poulson and Harwood are separately seeking to appeal against the length of their jail terms. Lord Justice Edis, Mr Justice Butcher and Judge Angela Morris said they will give their ruling at 11.30am on Wednesday. Benjamin Holt, appearing for the Solicitor General, told the Court of Appeal on Tuesday that the sentences 'did not match the gravity of the case' as the men 'took it in turns to abuse this victim'. He said: 'The broad submission is that when the learned judge came to sentencing in this case, each of these offenders had committed a number of offences against an incredibly vulnerable victim.' Mr Holt continued: 'When passing sentence on the offenders, the learned judge has failed to reflect the entirety of the offending that each of these individuals was convicted of.' He also said that a 'constant theme' of the abuse was the victim being plied with alcohol and drugs. The men were arrested following Operation Pavarotti, Greater Manchester Police's investigation into child sexual exploitation allegations in the area. Darbyshire first contacted the victim on social media in 2016, when she was aged 13 and he was 19. He went on to abuse her until she was 15, raping her twice and introducing her to the other defendants, four of whom also raped her. Much of the abuse took place in a house in Blackrod, which the sentencing judge described as a 'lawless den of iniquity'. Mr Holt said that the offending only came to an end when Bainbridge-Flatters, who gave the victim cocaine on her 15th birthday, stole a car belonging to the father of another of the men and crashed it while under the influence of alcohol, with the girl a passenger in the vehicle. The victim, who was injured in the crash, then disclosed that she had been repeatedly sexually abused. Ahead of his trial, Darbyshire admitted multiple offences against the victim and four other girls aged under 16, one of whom he also raped. Sentencing him at Liverpool Crown Court in April, Judge Simon Medland KC said Darbyshire had a 'crazed attitude to sex' and treated his victim as a 'human sexual commodity'. In her victim personal statement, the girl said: 'I'd rather be dead most days than deal with all this mental torture and memories. 'I shouldn't have had to grow up so young and spend the rest of my life 'healing' from what these monsters did to me, leaving me in my own prison I built for myself in my own mind for the rest of my life.' At the hearing on Tuesday, Damian Nolan, for Darbyshire, said that his client had a brain haemorrhage before he was due to stand trial. He said: 'We submit that the ultimate sentence imposed was within the ambit of discretion afforded to Judge Medland. 'We would urge the court to leave the sentence unaltered.' Ian McLoughlin KC, for Barrett, said that his client's sentence was 'perfectly within the remit of a proper judge exercising his discretion'. Rosalind Emsley-Smith, for Bainbridge-Flatters, said that while her client's jail term 'may be a generous sentence', it was not 'overly generous'. Many of the offenders watched proceedings via video links from various prisons. Darbyshire, 28, from Bolton, was jailed for 15 years after admitting 19 offences, including rape, sexual activity with a child and making indecent images. Barrett, 24, from Wigan, was jailed for 12 years after being convicted of five counts of rape and one of assault by penetration. Poulson, 32, from Bolton, was jailed for 17 years after being convicted of 11 offences, including two counts of rape. Harwood, 25, from Bolton, was jailed for 10 years after being convicted of rape, attempted rape and sexual activity with a child. Haslam, 36, from Bolton, was jailed for 16 years after being convicted of seven offences, including three counts of rape. Turner, 27, from Bolton, was jailed for two years after being convicted of two counts of sexual activity with a child. Fitzgerald, 37, from Bolton, was jailed for five-and-a-half years after being convicted of assault by penetration. Corley, 30, from Bolton, was jailed for two years and four months after admitting two counts of sexual activity with a child. Bainbridge-Flatters, 35, from Bolton, was jailed for seven years after being convicted of four counts of sexual activity with a child, and pleading guilty to supplying cocaine and aggravated vehicle taking.
