A Tipperary man has lost an appeal against the severity of his 8 year sentence for a violent sexual assault on a teenager, who has since died.
Noel Holland (39) of Clarkes Flats, Main Street, Templemore was jailed at the Central Criminal Court over two years ago after admitting that he had attacked the 18 year old at his flat in February 2009.
The final 3 years of the sentence was suspended for what the Court of Criminal Appeal today called a ‘serious sexual assault’.
Holland met his victim for the first time the morning before the attack happened.
He invited the girl back to his home on the pretence of allowing her to call a taxi after they had both been at another woman’s home that night.
He then suggested to the woman that she sleep on his bed and he would take the couch.
She agreed but he later climbed into the bed, placed his hands over her throat and began to choke her.
He demanded sex and indicated that he would rape her if she did not submit to his demands.
When she tried to reject his advances he threatened physical violence and sexually assaulted her.
In his ruling today, appeal judge, Mr Justice McMenamin said ‘there can be no doubt this was a deeply frightening and terrifying experience’ for the woman.
During the ordeal, Noel Holland allowed his victim to go the toilet and she managed to text her father that she was being raped but when he returned her call, Holland took the phone off her.
Her mother then called her and she shouted into the phone: “Help I am being raped. The man is Holland. I am in Templemore.”
Holland later told the teenager to leave his home after he assisted her in getting dressed.
Afterwards he went to the local garda station and said a woman “down the street” was going to say he raped her before he added “I want to get her for libel.”
He subsequently pleaded guilty to sexual assault having told gardai he had drank 8 or 9 pints and 10 vodkas.
On appeal his 8 year sentence has been upheld as entirely appropriate.
With 3 years suspended, and remission for good behaviour, the court noted Holland will likely be out of jail in 3 years and 9 months.
