A man who raped a teenage girl after dragging her into bushes in Greater Manchester has had his indefinite jail sentence overturned at the Court of Appeal. Stuart O'Neill, now aged 36, was originally convicted at Manchester Crown Court in 2009 when he was 20 years old and was sentenced under the imprisonment for public protection (IPP) scheme, which was abolished in 2012.
Details of the Attack
O'Neill, originally from Salford, attacked the girl on an estate in Wythenshawe in April 2009. The court heard that he grabbed her, dragged her into bushes, and raped her. A passer-by intervened, allowing the victim to escape. He was convicted of rape by a jury after a five-day trial and was branded a "danger to the public" at his sentencing hearing, where he received an indeterminate sentence for public protection.
Appeal and Sentence Replacement
O'Neill was among several convicted men whose cases were referred by the Criminal Cases Review Commission (CCRC) to the Court of Appeal in London. Their lawyers argued that the original sentencing decisions did not adequately consider their age and immaturity. On Thursday, O'Neill's sentence was replaced with one of eight years in custody followed by eight years on licence.
Other Cases Quashed
The court also quashed the sentences of Benjamin Hibbert, Jay Davis, Jerry Tolbert, Jordan Webster, and Dwayne McLaren, who were also young at the time of their offences. The detention for public protection (DPP) scheme, which applied to under-18s and has also been abolished, was involved in some of these cases.
CCRC Chairwoman's Statement
Dame Vera Baird KC, chairwoman of the CCRC, welcomed the court's decision. She said: "All the men were very young at the time they were sentenced and have spent many years beyond their original tariffs in custody. The court's judgements reflect the importance of properly considering age and maturity when imposing sentences of this nature." She added that the CCRC will continue to examine other IPP and DPP cases and encouraged anyone who believes their sentence may have been affected to apply to the commission.
Background on IPP and DPP Schemes
The now-defunct IPP and DPP schemes were applied to individuals deemed dangerous to the public, requiring them to serve a minimum term (tariff) before being eligible for release. At his original sentencing, O'Neill was told he must serve at least four years before applying for parole. Despite the abolition of both schemes, current IPP and DPP prisoners have not been freed from the terms imposed before abolition.
