Case No. 18438Rape and sexual abuse · Co. Limerick

Court of Appeal dismisses appeal against sentence for raping brother in Tipperary case

Graham Daly, a 40-year-old man, was found guilty by a jury at the Central Criminal Court in December 2021 of seven counts of raping and sexually abusing his younger brother, who was 10 when the abuse began. The offences took place between January 1998 and December 2002, mostly in the family home in County Limerick. Daly was jailed in January 2022 for eight and a half years with no part suspended, and he unsuccessfully appealed his conviction in November. On 30 January 2024 the Court of Appeal dismissed his appeal against the severity of the sentence.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced30 Jan
    2 reports
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Graham Daly was found guilty by a jury of seven counts of raping and sexually abusing his younger brother.
Where
Most of the abuse took place in the family home in County Limerick.
When
  • The offences took place on dates between January 1998 and December 2002.
  • The abuse continued over a four-year period from when the boy was 10 years old.
Charges
Daly pleaded not guilty to the charges.
In court
  • The conviction followed a Central Criminal Court trial in December 2021.
  • Daly unsuccessfully appealed his conviction in November.
  • The Court of Appeal dismissed the appeal against the severity of the sentence, reported on 30 January 2024.
Sentence
  • Daly was jailed for eight and a half years with no part suspended in January 2022.
  • Daly's lawyers argued the sentence was disproportionate and excessive and that his young age was not properly considered.
  • The Court of Appeal found no error in the sentencing judge placing the offending in the 10 to 15 year range and starting at 13 years.
  • Daly received an approximately 35% reduction in the absence of a guilty plea.
Other details
  • The sentencing judge described Daly as a big brother who should have protected his younger brother.
  • The Court of Appeal said the offending was persistent and repeated over a considerable period, escalating in seriousness, and the court said the victim suffered very significant trauma that persists to this day.
  • Daly continues to maintain his innocence and suggested his brother was lying because he was jealous of his achievements.
20 statements extracted from the articles
  • whatGraham Daly was found guilty by a jury of seven counts of raping and sexually abusing his brother. (tipperarylive.ie)
  • whereMost of the abuse took place in the family home in County Limerick. (limerickleader.ie, tipperarylive.ie)
  • whenThe offences took place on dates between January 1998 and December 2002. (limerickleader.ie)
  • whenThe abuse went on over a four-year period from when the boy was 10 years old. (limerickleader.ie)
  • whenThe abuse continued over a four-year period from when the boy was 10 years old. (tipperarylive.ie)
  • courtDaly was found guilty by a jury of seven counts of raping and sexually abusing his brother after a Central Criminal Court trial in December 2021. (limerickleader.ie)
  • courtDaly unsuccessfully appealed his conviction in November. (limerickleader.ie, tipperarylive.ie)
  • courtThe Court of Appeal dismissed the appeal against the severity of the sentence. (limerickleader.ie)
  • courtThe conviction followed a Central Criminal Court trial in December 2021. (tipperarylive.ie)
  • sentenceDaly was jailed for eight and a half years with no part suspended in January 2022. (limerickleader.ie, tipperarylive.ie)
  • sentenceDaly's lawyers argued the sentence was disproportionate and excessive and that his young age was not properly considered. (limerickleader.ie)
  • sentenceThe Court of Appeal found no error in the sentencing judge placing the offending in the 10 to 15 year range and starting at 13 years. (limerickleader.ie)
  • sentenceDaly benefited from an approximately 35% reduction in the absence of a guilty plea. (limerickleader.ie)
  • sentenceThe Court of Appeal found no error in placing the offending in the 10 to 15 year headline range and dismissed the appeal against sentence severity. (tipperarylive.ie)
  • sentenceDaly benefited from approximately a 35% reduction in the absence of a guilty plea. (tipperarylive.ie)
  • otherDaly continues to maintain his innocence. (limerickleader.ie, tipperarylive.ie)
  • otherDaly suggested his brother was lying because he was jealous of his achievements. (limerickleader.ie)
  • otherThe sentencing judge described Daly as a big brother who should have protected his younger brother. (limerickleader.ie)
  • otherThe Court of Appeal said the offending was not one-off but persistent and repeat over a considerable period, escalating in seriousness. (limerickleader.ie)
  • otherThe court said the victim suffered very significant trauma that persists to this day. (tipperarylive.ie)

The reporting

newest first
  1. 30 Jan2024
    Tipperary man who raped brother at their home fails in bid have prison sentence reduced

    Reports the Court of Appeal dismissing Daly's appeal against sentence severity, after his earlier unsuccessful appeal against conviction in November.

    convicted, Graham Daly, 40, male, named, irish (judged from name)Graham Dalyvictim, Thomas, male, irish (judged from name)Thomas
  2. 30 Jan2024
    Man who raped brother at their Limerick home fails in bid have prison sentence reduced

    Reports the Court of Appeal dismissing Daly's appeal against the severity of his sentence, with the judges' reasoning. Also gives the earlier conviction, sentence and Daly's continued claim of innocence.

    convicted, Graham Daly, 40, male, named, irish (judged from name)Graham Dalyvictim, Thomas, male, irish (judged from name)Thomas