Graham Rishton and Mary Monson Solicitors Secure Suspended Sentence Through Comprehensive Mitigation in Serious Sexual Assault Case

The client was 21, having been 20 at the time of the offence. While under the influence of cocaine and alcohol, he entered a stranger’s home and sexually assaulted the family’s 16-year-old autistic son.

Although the client’s conduct was aggravated by his intoxication, it was submitted that his conduct could only be understood in that context. He had since moved away and was caring for his older brother, who had significant mental health difficulties, and his grandmother. He had displayed a significant work ethic and profound remorse for his actions and the harm he had caused.

Graham Rishton worked closely with instructing solicitor Thomas O’Brien of Mary Monson Solicitors to present comprehensive mitigation. A detailed sentencing note was filed in advance alongside a series of compelling character references.

The Judge described the offence as “horrendous” and said that anyone hearing the facts would be appalled. Nevertheless, the Judge accepted the submission that this appeared to be aberration and that D was not a “sexual predator”. As such, he was persuaded to take an exceptional course and suspend a period of imprisonment.

The Judge imposed a 30-month sentence, suspended for three years with additional requirements.

For more information, or to instruct Graham RIshton, please contact Senior Criminal Clerk Andy McGuinness