Courts / Kildare / Report
Man has indecent assault conviction quashed on first appeal under Supreme Court judgement
Summary
A man's indecent assault conviction has been quashed by the Court of Criminal Appeal in the first case decided under a recent Supreme Court ruling on suspect interrogation rights. The man, now aged 45, had been sentenced to two years imprisonment in April 2012 after conviction on two counts by jury at Naas Circuit Criminal Court. The alleged offences dated to December 1986 and 1987 in County Kildare. The applicant's counsel argued that a garda interview conducted before the man received legal advice breached his constitutional rights, citing the Supreme Court's March 2014 decision in DPP v Gormley, which established that suspects requesting a solicitor cannot be questioned until receiving legal advice. Presiding judge Mr Justice John MacMenamin found the case fell squarely within Gormley's principles. He noted the applicant's solicitor was en route to the station when questioning proceeded, and determined the interview material was inadmissible. The court allowed the appeal and declined to order a retrial, given the applicant had already served his sentence. The unnamed 45-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Man has indecent assault conviction quashed on first appeal under Supreme Court judgement. Charges or matters: the offences against his cousin, which were alleged to have taken place at the applicant's home in Co Kildare in December 1986 and December 1987, when the complainant was between seven and eight years old. Procedural stage: sentence
When:
- April 2012 Incident
- December 1986 Incident
- December 1987 Incident
- March 6 Hearing Or Sentence
- 2014-04-07 Publication
Case subjects
Convicted Person
Charges: the offences against his cousin, which were alleged to have taken place at the applicant's home in Co Kildare in December 1986 and December 1987, when the complainant was between seven and eight years old (Alleged Or Contested)
Plea: Not guilty
Outcome: A man who was sentenced to two years for indecently assaulting his cousin nearly thirty years ago has had his conviction quashed in the first appeal brought under last month's Supreme Court judgement on the questioning of suspects before the receipt of legal advice. In April 2012 the now 45-year-old man, who cannot be named for legal reasons, was sentenced to two years imprisonment by Judge Gerard Griffin having been convicted of two counts of indecent assault by the unanimous verdict of a Naas Circuit Criminal Court jury.
Places mentioned
- Supreme Court
- Naas
- Naas Circuit Criminal Court
- Glenwood Park
- Letterkenny
- Donegal
Topics
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