The Public Prosecution Service (PPS) has confirmed it will not appeal against the sentence of an Tyrone man who walked free from court after admitted having sex with a teenage girl who was a long-term, regular attendee at the youth club were he was a leader
Corey Connelly (21) from Stewart Bungalows in Omagh was accused of raping the victim which he denied, but admitted sexual activity involving penetration with a child aged between 13 and 16 years.
The maximum sentence is 14 years imprisonment, but Connelly was handed a Probation Order.
Dungannon Crown Court heard Connelly was almost 19 and the child was 14 when the offence occurred on 13 March 2023.
As a volunteer leader at the youth club he underwent training which included all appropriate safeguarding policies.
On the evening in question the victim and her boyfriend had been with friends at the cinema.
When they decided to go home, the boyfriend texted Connelly asking for a lift.
He collected both the victim and her boyfriend around 9pm and took them to a local McDonalds for food.
After dropping the boyfriend at home, the victim climbed into the front passenger seat for the short journey to her house.
However along the way Connelly stopped the car and had sex with the victim in the back seat before leaving her home.
She disclosed what occurred to her boyfriend who contacted the youth club supervisor and a complaint was made.
During interview Connelly accepted there was activity and he did not wear a condom.
Prosecuting counsel Michael McAleer pointed out the offence was aggravated by the age disparity, failure to use condom and the victim being two years under the age of consent.
“There is also abuse of trust in the defendant’s position as a youth leader brings a degree of responsibility,” he said
Judge Richard Greene told Connelly, “It must always be remembered that a defendant of tender years will not have the maturity of an older person, particularly in a cases of sexual behaviour. That said, you were significantly older than the victim, whose own lack of maturity meant she was less aware of your sexual approaches.
“She is quite a scarred young lady who was child at the time. The harm she speaks of clearly indicates why our statutes have such offences to protect vulnerable young children from the sexual advances of adult males, and you were an adult. Such sexual adventures are well beyond their understanding and they cannot comprehend or deal with them.
“You failed to wear a condom and take responsible precautions which could have resulted in very much more significant outcomes. This is another reason why this offence is on the statute books to prevent as far as possible unwanted pregnancies in the very young.”
Following consideration Judge Greene said, “While the custody threshold is passed, the question arises if a short sentence can be avoided on account of your age and lack of previous convictions. It occurs to me that a direct alternative can be imposed.”
Connelly was handed a two year Probation Order and he will remain on Sex Offender Register for five years.
Judge Greene also decided a Sexual Offences Prevention Order was, “Necessary and proportionate in regard to the risk going forward from a defendant who admitted a serious offence involving a child.”
When asked if the PPS intended to appeal the sentence as unduly lenient a spokesperson said: “The prosecution team, having sought the views of Senior Counsel, carefully considered the sentence imposed in this case. In all the circumstances, it was determined that the sentence passed did not meet the threshold in order to be referred to the Court of Appeal as potentially unduly lenient.”
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