A 31 year old West Clare man has been successful in having his sentence for a serious sexual assault set aside
Brian Mulvihill of Lislanahan, Kilkee was jailed for 12 years in 2007 for the aggravated sexual assault of a then 20-year-old woman in August 2004.
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The three judge court of Criminal Appeal found that his guilty plea was the most important mitigating factor and the sentencing judge, Mr Justice Paul Carney had made a mistake
The sentencing came just weeks after Justice Carney had imposed a three year suspended sentence on Ennis man Adam Keane for the rape of Mary Shannon…that sentence was later increased to 10 years.
A new sentence for Mr Mulvihill will be decided in October
