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incurable disease Man who repeatedly raped partner's daughter loses bid to have sentence reduced

The man had been sentenced to 12 years for raping the victim over a five year period

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A rapist step-father who claimed he was entitled to a shorter jail term because he suffers from an incurable bowel disease has lost his bid to have his prison sentence reduced.

The man had repeatedly raped his partner’s daughter over a five-year period.

At one point he told the youngster, who was six when the abuse began, that she would be “going 10 feet under” if she told anyone about her ordeal.

But she complained to social services and the man was convicted by a Central Criminal Court jury in May 2014 of eight counts of sexual assault and four counts of rape between June 2003 to May 2008.

He was later sentenced to a total of 12 years’ imprisonment by Mr Justice Patrick McCarthy.

The man, who cannot be named to protect the identity of is victim, later appealed both his conviction and sentence.

In May this year, the Court of Appeal dismissed his bid to have the convictions quashed.

Today, the same court rejected a submission that the trial judge did not give proper weight to the appellant’s diagnosis of Crohn’s Disease and that as a consequence the jail term should be reduced.

Dismissing the appeal, Court President Mr Justice George Birmingham said the appellant had been convicted of offending of “great seriousness”.

“In this case, the judge was conscious a prison sentence would have greater than normal intensity on the appellant,” said Mr Justice Birmingham.

Mr Justice McCarthy, Mr Justice Birmingham added, had “stated explicitly he did not fail to take into account” the appellant’s medical condition when sentencing,

Earlier, Roderick O’Hanlon SC, for the appellant, said his client’s medical condition was “a disease that can affect someone on an ongoing basis and requires ongoing supervision as the disease progresses”.

In response, Pieter Le Vert BL, for the Director of Public Prosecutions, said the sentence imposed was “appropriate in this particular case”.

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He said the judge could “only go so far” with regards to health matters and the management of medical conditions of convicted individuals.

“After that, it becomes a matter for the prison,” noted Mr Le Vert.

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