Courts / Ireland / Report
Re-trial ordered after court quashes indecent assault conviction
Summary
The Court of Criminal Appeal quashed the conviction of an unidentified man who had been found guilty in 2012 of six counts of indecent assault and one count of sexual assault against his nephew, a minor at the time, for incidents between 1988 and 1991. He had received an eight‑year sentence with the last two years suspended. The appeal argued that the trial judge failed to warn the jury about the dangers of convicting on uncorroborated evidence and about the long delay between the alleged assaults and the trial, and that the evidence was insufficient for a jury decision. The Court of Criminal Appeal, sitting as a panel of three judges, agreed that the jury charge was deficient and that the case should not have been presented to the jury. Consequently, the conviction was set aside and a retrial was ordered. The unnamed man was acquitted.
Who, what, where, when and why
What: Report matter: Re-trial ordered after court quashes indecent assault conviction. Procedural stage: appeal. Findings: Acquitted
When:
- 1988 and 1991 Incident
- 2014-05-20 Publication
Case subjects
Appellant
Finding: Acquitted
Outcome: Acquitted; He was sentenced to eights years imprisonment with the final two years suspended.
Places mentioned
- Central Criminal Court
Topics
Sexual Offences Stage Appeal Violent Crime
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