Paul Flaherty (30) ended up being found accountable by way of a jury during the Central Criminal Court final December
A guy jailed for 5 years for intimately assaulting a female he came across on internet dating app Tinder will wait to know in the event that Court of Appeal will certainly reduce their phrase.
Paul Flaherty (30) had been discovered bad by a jury during the Central Criminal Court December that is last of assaulting a lady at their home on Kiltipper Avenue, Tallaght, Dublin on August 31st, 2015.
The event occurred while Flaherty’s parents had been into the next-door room.
Flaherty and their victim came across for drinks earlier that after exchanging messages on Tinder day.
Appealing the sentence that is five-year Michael O’Higgins SC told the three-judge court that the test judge need to have considered his client’s offence in the entry level for the scale. The prosecution was said by him situation had been that Flaherty have been convicted of intimate attack when planning on taking from the woman’s clothing, choking her and pressing her genitals.
Mr O’Higgins said these functions need to have been broken on to three charges that are separate the prosecution so your jury may have determined precisely which act or functions their customer had been bad of.
As that didn’t take place, counsel said the test judge need to have examined which offence was shown beyond reasonable question and sentenced appropriately. He stated that when their customer had just been accountable of forcibly getting rid of the woman’s clothes that might be an offense regarding the budget associated with scale. If he had been convicted of tried strangulation then that might be much more serious, he stated.
Counsel stated there was a “serious issue” in relation towards the allegations of tried strangulation and genital touching and, “there is a concern mark over perhaps the jury made a finding in respect of these functions.”