Tuesday 11 December 2018

Convicted rapist sent back to jail over crimes while on suspended sentence

He had also been convicted of rape in June 1993 for which he received a 12-year sentence, half of which was suspended.

Niall Healy was on suspended sentence (Niall Carson/PA)
Niall Healy was on suspended sentence (Niall Carson/PA)

By Cate McCurry, Press Association

A convicted rapist has been jailed for six years after he went on to commit further offences while on a suspended sentence.

Niall Healy, 42, was sentenced to 20 years in prison with 10 years suspended in 2006 after he was convicted of aggravated sexual assault and falsely imprisoning a woman he offered to drive home.

He had also been convicted of rape in June 1993 for which he received a 12-year sentence, half of which was suspended.

He has broken the faith of the court and failed to fulfil obligations that were put on him Judge Patrick McCarthy

Judge Patrick McCarthy activated the 10-year suspended prison sentence handed down in 2006.

Judge McCarthy imposed a six-year sentence on Healy, who was last living at St Bricin’s Military Hospital in Dublin, with the remaining four years suspended.

Taking into account a two-year sentence he served for robbery, the judge backdated the sentence to June 1, 2015.

The Central Criminal Court in Dublin heard within a short period of time of his release from prison in January 2014, he began committing offences.

Judge McCarthy said the defendant relapsed into drug abuse after he had no stable environment to live.

The judge referred to a psychologist’s report which placed a heavy emphasis on the accused’s “extremely dysfunctional” background.

He said that every aspect of his difficult life was addressed in the report, which also referenced the opportunities given to him in his lengthy suspended sentence to ensure he would not re-offend.

“Regrettably, that did not work out because he relapsed into heroin soon after prison, then began to take part in criminal conduct,” the judge said.

Stating that the courts “cannot ignore” suspended sentences, Judge McCarthy added that Healy has been given more than one opportunity.

“He has broken the faith of the court and failed to fulfil obligations that were put on him,” he added.

He added that the community will be at a lesser risk if Healy is reformed and because of that fact “I will impose a full 10 year period”.

“It’s for the protection of the community that this man is reformed,” he continued.

The judge said that while he is activating the 10-year suspended sentence, four years would be suspended because there was evidence Healy has changed.

Judge McCarthy ordered the defendant to undergo drug treatment, anger management, educational and any other courses which is prescribed by the probation and welfare services.

“It’s in the public interest that the society is protected, that a prison term must be imposed when a serious crime is committed.”

Press Association

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