Sex attacker who filmed assault spared more jail time
A student who filmed himself sexually assaulting a sleeping woman will not face extra jail time after an appeal by prosecutors was rejected.
Frank Kelly (24) boasted on the film that he was "going in for the kill" and "going to ruin her" as he violated the 20-year-old woman.
Last year, he was jailed for five years at Bray Circuit Criminal Court, with half of the term suspended, after admitting three counts of sexual assault.
His victim was completely unaware of what had happened until video clips of Kelly's offences were found by gardaí on the mobile phone of a man involved in a fatal car crash.
The Director of Public Prosecutions sought a review of Kelly's sentence on grounds that it was "unduly lenient".
However, the Court of Appeal has declined to intervene and Kelly, of Convent Road, Wicklow Town, Co Wicklow, was spared any extra jail time.
His release date is February 2019.
Giving judgment in the three-judge court, President of the Court of Appeal Mr Justice George Birmingham said the background to the offence was a rather unusual one.
A man had been involved in a fatal car crash on his way back to Bray from Dublin. His mobile phone was accessed as part of the Garda inquiry into the crash and on the phone were found three video clips lasting eight minutes in total.
In the first clip, Kelly was seen licking the vagina of the injured party and pulling at her clothes. The second clip showed an act of digital penetration and Kelly remarking that he was "going in for the kill" and "going to ruin her". The victim appeared to stir from her slumber and the clip showed Kelly telling her to go back to sleep.
The third clip showed an act of anal penetration, the judge said. Mr Justice Birmingham said the victim was not aware of the fact she had been assaulted until the matter was brought to her attention.
She found the experience of being asked to view the clips as part of the investigation "very distressing".
The court was told that Kelly was 20 at the time of the offences, had no previous convictions and was halfway through a business degree studying applied entrepreneurship at the time of the sentence.
Counsel for the DPP, Lorcan Staines BL, submitted that the two-and-a-half year suspension of Kelly's sentence was excessive and that it involved an element of double counting the mitigating circumstances.
Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said while the first clip did not appear to have been recorded by Kelly himself, the second and third clip appeared to have been.