May 2001

Rapist loses jail term plea

AN Army veteran who served in the Gulf War and Northern Ireland has failed in an Appeal Court bid to reduce his 15-year jail term for raping and sexually assaulting a young girl.

Mark McGlynn, aged 41, of Napier Road, Luton, was convicted on two counts of indecent assault, six of rape and one of gross indecency with a child on November 3 last year following a Bolton Crown Court trial.

Mr Justice Penry-Davey, sitting at London’s Criminal Appeal Court, ruled that the 15-year-sentence was “undoubtedly severe and at the top end of the bracket” — but was “not manifestly excessive”.

The sexual abuse began when the girl, who cannot be identified for legal reasons, was aged seven or eight and living with her family in Bolton, the judge told the Appeal Court.

It started with McGlynn indecently touching her private parts and progressed until sexual intercourse was taking place about twice a month.

It did not stop until the girl was 16, said the judge, who was sitting with Lord Justice Mantell and Judge Jeffrey Rivlin.

In April 1998, the victim decided that she didn’t wish to make a complaint. But she changed her mind in August the following year and police tracked McGlynn to his new home in Luton.

His lawyers highlighted the fact that he was of exemplary character and the girl had managed to get on with her life despite the abuse. Mr Justice Penry-Davey told the Appeal Court: “We have to consider whether in all the circumstances the overall sentence of 15 years for these serious offences was manifestly excessive or wrong in principle.

“In this case the judge carefully considered the mitigating and aggravating features that were present.

“In the result we have come to the conclusion that for these serious offences, committed with a child aged between seven and eight years and continuing until she turned 16, the overall sentence of 15 years, though undoubtedly severe and at the top end of the bracket for this category of case, was not manifestly excessive.

“The judge tried McGlynn. He was in the very best situation to assess the degree of culpability and the aggravating and mitigating features. In the result the appeal is dismissed.”