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A man from County Leitrim has failed in his appeal against conviction for sexually assaulting his daughter at the family home, with the Court of Appeal rejecting arguments that inconsistencies in the victim's account undermined the safety of the conviction. The three-judge panel dismissed the appeal following a hearing in which the appellant's legal representatives contended that discrepancies regarding the victim's age during the alleged abuse, which occurred between 2006 and 2012, created fundamental inconsistencies that should have prevented the case from proceeding to trial. The court found, however, that whilst inconsistencies existed in peripheral details, the victim remained consistent in describing the nature of the abuse itself, and no exceptional inconsistency of such gravity warranted overturning the jury's verdict. The appellant was convicted in September 2021 at Carrick-on-Shannon Circuit Criminal Court on a single count of sexual assault following trial. The jury was unable to reach agreement on fourteen further similar charges. The appellate judges also rejected submissions concerning the trial judge's approach to instructing the jury on the absence of corroborating evidence, finding that whilst the warning was unusually emphatic and repeated on multiple occasions, it did not render the conviction unsafe. The decision underscores the appellate court's position that minor inconsistencies in a complainant's evidence do not automatically invalidate a conviction where the substance of the allegations remains coherent and the jury verdict is supported by the evidence heard at trial. The case reflects broader patterns of family violence and sexual abuse within domestic settings across the jurisdiction, a matter of ongoing concern to the courts and child protection agencies. The conviction stands and the appellant remains liable to the sentence imposed at trial.

Source: Courts News Ireland This page is a localnews.ie summary and index entry; the full original report may require a publisher subscription.
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