Dangerous rapist released after appeal against activation of sentence for having a drink

A rapist described as a “serious threat to the women of Cork” has been released from prison following a successful appeal against the activation of his sentence for having a drink.

A rapist described as a “serious threat to the women of Cork” has been released from prison following a successful appeal against the activation of his sentence for having a drink.

John English (aged 38), whose only available address in Cork cannot be published by court order, was sent back to prison for five years for not complying with the conditions of his release from prison for the rape of an Australian woman he met in a bar in Cork.

In 2004, he was sentenced to 18 years imprisonment with five suspended, after pleading guilty to raping the Australian tourist in November 2002.

He was described by Mr Justice Barry White at the time as “a danger and a menace to society” and “a serious threat to the women of Cork”. Judge White suspended five years of the sentence on condition that English comply with all recommendations made by the Probation Services, who directed that he abstain from alcohol.

After English was released in September 2012, he was spotted drinking and the case was re-entered in the Central Criminal Court where his the five-year suspended period of imprisonment was reactivated.

He successfully appealed today against the activation of the entire five years and was released on conditions this afternoon.

Mr Justice Michael Peart, presiding, said the Court of Appeal was satisfied that the activation of the entire five year suspended period was disproportionate to the breach of his bail conditions.

He said English had taken a drink with his father a short time after his release, having served the custodial part of his 18-year sentence

Mr Justice Barry White, who ordered the activation of English's suspended period, was of the view that due to the particular circumstances of this case, he had no option but to activate the entire of the sentence and he did so, Mr Justice Peart said.

Having found that the activation of the entire five year period was a disproportionate sentence given the nature of the breach, the Court of Appeal therefore set aside the activation order.

Mr Justice Peart, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, said the court was of the view “that Mr English should now be released”.

The Court ordered English's release and suspended the balance of the sentence.

He was required to enter into a new bond of €100, to keep the peace, be of good behaviour for the balance of the suspended period and to engage with the probation and welfare services.

When asked if he undertook to be so bound, English said "Yes".

Mr Justice Peart had said there was an ambiguity arising out of the oral bond English had entered into in court and the bond that was recorded as having been entered into in the court order.

Mr Justice Peart said the court was satisfied, having regard to the transcript, that clarifications given by the judge were sufficient to make clear that the bond English had entered into orally was to last for a period of five years.

“We accept that that does not appear in the oral bond that English entered into” but there was no reason for English not to believe that it was to last for five years at the time he left court.

The Court of Appeal, having regard to case law, was satisfied that Mr Justice White had no option but to activate the entire suspended period but found it was disproportionate to the breach.

English has previous convictions for sexual assault, false imprisonment and assault causing harm dating back to 1993.

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