GP found guilty of indecently assaulting 15-year-old patient 26 years ago jailed after failed appeal
Published 24/10/2016 | 16:39
A GP found guilty of indecently assaulting a 15-year-old female patient 26 years ago has been sent to jail on a reduced prison sentence following an appeal.
Kevin Mulcahy (57), of Creggan, Lombardstown, Mallow, Co Cork, had pleaded not guilty to a single charge of indecently assaulting the girl while on call to her family home on December 23, 1989.
He was found guilty by a jury after a retrial at Cork Circuit Criminal Court following 39 minutes of deliberations and he was jailed for two years by Judge Seán Ó Donnabháin on November 25 2015.
Mulcahy was granted bail in December 2015 by the Court of Appeal pending an appeal, the conviction aspect of which was dismissed earlier this month.
Giving judgment on Mulcahy's unsuccessful conviction appeal, Mr Justice John Edwards said the doctor had regularly attended the home of the complainant to treat her mother who had terminal cancer.
On one of these visits, the complainant was suffering from a head cold of sorts and while examining her, Mulcahy indecently assaulted the girl.
He was arrested and interviewed in 2011 on foot of a complaint of indecent assault.
Mulcahy successfully appealed his sentence today with the Court of Appeal holding that insufficient discount was given for mitigating factors.
Mr Justice Edwards cited a case known as 'Doherty' in which it was held that a sentence imposed on a person with no previous convictions and previous good character “need not be unduly prolonged”.
It was the fact of the sentence rather than the duration of the sentence which was the principle effect, Mr Justice Edwards said.
Having regard to the particular circumstances of this case, Mr Justice Edwards said Mulcahy was a first time offender with previous good character and he would suffer very significant additional consequences “admittedly through his own fault” by losing his income and profession as a result of his conviction.
In addition, members of his family had been greatly affected by the case. He was the sole carer of his elderly father.
Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, resentenced Mulcahy to 12 months imprisonment.
Mr Justice Birmingham informed Mulcahy that he was now on the sex offenders register. Non-compliance with his obligations in that regard would be an offence, he was told.
He was lead away to serve the balance of his sentence. He had served less than a month in prison before being granted bail by the Court of Appeal.
The Court of Appeal heard that Mulcahy gave an undertaking not to practice in 2011.