had taken a similarly view as she had consented to the matter being dealt with in the district court, but Toner opted for trial by judge and jury and that was why the matter ended up in the circuit court.She pleaded for leniency on the basis that Toner would end up on the Sex Offenders Register and said he would lose his accommodation as a result of being jailed. He was also at risk of losing his job on foot of a jail sentence.
Judge Brian O’Callaghan said it was a very upsetting case for the girl given her age and he said the court was as impressed with her evidence as was the jury. He acknowledged the trauma that the assault had caused her. However, the judge said he was perplexed by the fact that Toner would sexually assault a young girl in this manner given that he proffered no explanation for his behaviour and had no previous record of engaging in such misconduct.
“He has never done anything of this nature before in his 51 years on the planet. I am anxious to find out where this offence came from,” he said. Describing the sexual assault as “a horrible incident”, Judge O’Callaghan remanded Toner in custody to allow for a preparation of a Probation Report which he believed could assist the court in sentencing.
Remanded him in custody is the best part in this.Poor child and her mother probably in pieces. I hope he gets registered on the sex offenders reg because that's what he is. Do I care about where this came from? No, could not care less about the creep.
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