The Court of Criminal Appeal has reserved its judgment in the case of a Co Clare man who received a suspended sentence for rape.
The Director of Public Prosecutions appealed the leniency of the three-year suspended sentence imposed on Adam Keane from Daragh for the rape of mother-of-three Mary Shannon in May 2005.
Adam Keane is now in prison serving his three-year sentence for rape.
Mr Justice Paul Carney activated his sentence last month after ruling that Mr Keane flicked a cigarette at Ms Shannon when they both returned from the original sentencing hearing in March.
Senior Counsel Pauline Walley said the DPP was appealing the suspended sentence because Mr Justice Carney's ruling in this case could have implications for other cases.
She said the judge had made an error by stating he was obliged to impose a suspended sentence because of an appeal court ruling in a previous case.
She also said the judge had not taken into account the aggravating factors in this case or the effect on Mary Shannon. She said he had had too much regard to the circumstances of the offender and not enough for the circumstances of the offence.
Mr Keane's senior counsel Brendan Nix said this was the most peculiar case he had ever been involved in.
He urged the court not to interfere with the three-year sentence - he said judges should have discretion to deal with cases as they see fit.
The court will give its decision at a later date.
