Judge says accused (39) had ‘a moment of madness’ when he touched woman’s bottom while intoxicated
Referring to the woman’s victim impact statement, the judge said one if the worst aspects for her was that some people suggested she was a liar. He said counsel for the defendant had not called the woman a liar and “no issue was taken with her honesty and accuracy”.
“She had told the truth and she did suffer an indecent assault,” said the judge, who noted that McCourt had not accepted his guilt and therefore the pre-sentence report left him with few options.He said McCourt had been assessed as being at the “lowest risk” of re-offending and that he was not a danger. He said “this is clearly an isolated incident” that occurred during a “moment of madness”.
But, he said, women and girls should be able to go out free from any fear of “anyone putting their hand up their clothes”. Had the young woman’s honesty been called into question, Judge Magill said, then there would have been an immediate custodial sentence. He said this was not questioned, so he would impose a sentence of three months suspended for two years.
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