Sentence for man’s 'systematic and calculated' sexual abuse of stepdaughters too lenient, court told

Fiona Magennis

The four-year sentence handed down to a man for the “systematic and calculated” sexual abuse of his stepdaughters from when they were aged seven and eight left was too lenient and should be increased, the State has argued.

Gerard Nevin, 42, of Grove Park, Rathmines, Dublin 6, pleaded guilty to 22 counts of sexual assault committed between 2012 and June 2020 at various locations in Clondalkin, Lucan and Palmerstown.

In November 2024, Judge Sinéad Ní Chúlacháin imposed a global sentence of six years on Nevin, with the final two years suspended.

The victims were Nevin’s stepdaughters, Catalina Grancea and Alexa Grancea, who indicated they wished to waive their right to anonymity to allow Nevin to be named.

The sentencing court heard that Nevin abused Catalina Grancea when she was aged between eight and 16. Alexa Grancea was aged between seven and 15 when the abuse occurred.

Appealing against the leniency of the sentence imposed on Nevin at the Court of Appeal on Monday, Caroline Latham BL, for the Director of Public Prosecutions, described the sexual assaults as “an egregious breach of trust”.

She emphasised that Nevin had acted in “loco parentis” when the girl’s mother was working, and it was during those times that the offending took place.

Counsel submitted the sentence imposed was “inadequate, disproportionate and unduly lenient”.

She argued that Judge Sinead Ní Chulachain fell into error in the discount given to the headline sentence after mitigation was taken into consideration and the way in which she dealt with the totality element.

Counsel noted the offending didn’t just happen in the home; there were also instances that took place in his car and in a shop.

Ms Latham said the reduction to the headline sentence of almost 30 per cent - from nine to six years - was too high, given the age of the victims at the time and prolonged nature of the offending, which she described as “regular” and “frequent”.

She said the judge gave too great a reduction from the headline sentence for the plea of guilty, which was entered as the trial was due to get underway.

Counsel said the judge also fell into error in the application of the totality principle.

“While she appreciated the importance of not imposing a crushing sentence, I say the sentence she ultimately came to was not proportionate, taking into account the gravity of the offending by the respondent,” said Ms Latham.

“The sexual abuse was systematic and calculated and greatly damaged the lives of the victims.”

Ms Latham also contended the judge made an error in suspending the final two years of the sentence, saying there was no evidential basis for this other than rehabilitation.

Tim O’Leary SC, representing Nevin, argued there had been no error on the part of the sentencing judge. He said one of the principal mitigating factors in the case had been Nevin’s plea of guilty, which he said was “significant” and of value.

He said his client had no previous convictions, had a good work history and had led a completely pro-social life up to that point. Counsel also highlighted the remorse expressed by Nevin in letters to the victims.

Mr Justice John Edwards said the court would reserve judgement and deliver its decision at a later date.

The sentencing court heard that during specialist interviews, Catalina Grancea said when she first moved into the house, Nevin had been very nice, but after a few months things changed, and he began to grab her breasts and buttocks regularly.

On many occasions she asked him to stop, but he didn’t, she told gardaí.

She described multiple specific incidents, including a time in 2013 when she had been lying on her stomach on her mother's bed, scrolling through her phone.

Nevin came into the room and lay on the bed beside her, then sexually assaulted her. He then threatened that if she told anyone, it would be her fault that the family broke up.

The court heard that Nevin pleaded guilty to 12 counts in total relating to Catalina Grancea, which included inappropriate touching of her buttocks, breasts and thigh.

Alexa Grancea was also interviewed by specialist gardaí. She said the offending happened regularly but gave specific details regarding ten incidents.

She said on one occasion, she had bent over to put something in the wardrobe when Nevin came up behind her and put his hand on her leg; he then moved it up her leg and touched her genital area over her clothes.

She told gardaí that there were many occasions of inappropriate touching of her breasts, buttocks and thighs.

On one occasion, she threatened the accused with a knife. Most of the offences took place in the family home, but they also occurred in his car.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.