'Vicious' double rapist spared jail for address notification breach

Tom Tuite

A vicious sex offender who raped two teenage girls in the 1990s has been spared jail for flouting requirements to tell gardaí where he was living for over six weeks.

Anthony Dunne, aged 65, had been jailed for 12 years by the Central Criminal Court in 1999 but was released in 2008.

Dunne pleaded guilty at Dublin District Court to a charge of failing to notify gardaí of his address between September 30th and November 17th, 2022.

The charge under the Sex Offenders Act is punishable by a fine of up to €5,000 and a maximum 12-month sentence.

Judge Áine Clancy imposed a two-month sentence but suspended it on conditions that Dunne complies with his obligations to keep gardaí informed of his current residence, and does not reoffend within the next 12 months.

Dunne, who is on social welfare payments, had a total of 39 prior convictions and did not address the court.

Garda Patrick Hynes told Judge Clancy that the accused should have been staying at a specific hostel in Smithfield. Enquiries revealed that Dunne had not been staying there for almost seven weeks.

He had been subject to requirements under the Sex Offenders Act "for an indefinite period of time " and had not notified gardaí.

At the time, the Act stated notification of address change must be done within a week, but the law has since been changed to three days.

Garda Hynes said the accused was convicted in 1999 of two counts of rape and received a 12-year sentence.

This was his only breach of the failure to inform about where he was living, the judge noted.

Defence solicitor Daniel Hanahoe said his client's hostel rent had been raised, and he moved to Covid accommodation, but in 2022 that stopped, and he was "bouncing around the place"

Garda Hynes agreed that Dunne had spoken in his interview about his difficulties finding accommodation.

The solicitor described the requirements as having a draconian standard, and if Dunne were sleeping on a park bench, technically, he would have to tell gardaí.

The garda said it applied no matter where Dunne was, "whether it was on the street or at a different address."

The procedure involved attending a Garda station, where a member of the force would then update their Pulse computer system.

Garda Hynes agreed the man had regularised his situation, and he added that there had been no other breaches of the Sex Offenders Act.

Mr Hanahoe submitted that the breach was excusable; he had stable accommodation, but suddenly did not know where he was going to be staying. The defence contended that it was difficult for Dunne to tell An Garda Síochána.

He stressed it was the first breach in the 17 years since Dunne's release.

The case was delayed because a witness was originally unavailable, but the case recommenced when that was rectified.

Judge Clancy agreed the legislation was draconian, but she added that she understood the reason.

While she did not deem it necessary to impose a custodial sentence, she warned Dunne that it was a "serious obligation".