interesting, but there is a duty on the prison service to safely incarcerate this man, and if they cannot guarantee his safety, can they in all conscience jail him? the failing is on the part of the state, regardless of his culpability.
Friday, 19 February 2010
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Fat sex abuser 'should be jailed'
ReplyDeleteThe attorney general has challenged a court decision not to jail a child abuser from County Antrim because of his obesity and other health reasons.
John William McConaghy, 66, from Urbal Road, Dervock, was found guilty of indecently assaulting a child.
He was given a suspended two-and-a-half year term in December.
A lawyer for the attorney general told the Court of Appeal in Belfast that the sentence handed down to McConaghy was "too lenient".
The appeal was adjourned until next month after issues were raised about the level of detail from prison authorities about how they handle disabled inmates and their ability to cope with McConaghy.
The lawyer confirmed medical evidence and a statement from the relevant governor could be supplied to the court.
Lord Chief Justice Sir Declan Morgan, who is hearing the appeal, said: "Here is a man who has contested the charge of a campaign of assault on this unfortunate victim and he asked the court to show mercy on him.
"It seems to us if he wants mercy we need to be in possession of all relevant facts, including whether the prison can deal with him if we decide to interfere (with the sentence).
"We still don't have material to tell us whether the prison can cope with this man."
During a 10-day trial in October, McConaghy's victim, who is now 44, said she was indecently assaulted from the age of around 10 until she was 18.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/northern_ireland/8524360.stm
Published: 2010/02/19 14:10:48 GMT
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