Knottfield abuse: Joseph Marshall's appeal thrown out
- Published
A former manager of a children's home on the Isle of Man jailed for sexually abusing boys there has had an appeal against his sentence thrown out.
Joseph Marshall, now 86, was convicted of abusing two boys aged under 16 at Knottfield in Douglas between 1974 and 1982.
He was sentenced to six years in prison by Deemster Bernard Richmond in April after being found guilty by a jury.
The appeal judges ruled the sentence had not been "manifestly excessive".
The court heard the case for the appeal in September but the reasons for its dismissal have only now been made public.
Marshall's defence lawyers had argued the sentence should be reduced due to his age and ill health, the long delay between being charged and the trial, and the fact he had already served time in jail for similar offences during the same period.
However, Deemster Jeremy Storey KC and Deemster Alistair Montgomerie said his medical conditions could be managed in prison, he had had the opportunity to admit his guilt to prevent the delayed trial, and had not taken the opportunity to "wipe the slate clean" when previously convicted in 1992.
Having presided over the trial, Deemster Richmond was "in an ideal position to evaluate the appellant's offending and the impact of such on his victims", the appeal judges said.
"The sentence was not outside the range of sentence which a deemster, applying his or her mind to all the relevant factors and circumstances, could reasonably consider appropriate," they added.
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