Courts / Kilkenny / Report

Abuser has several conviction counts quashed on appeal

Date
2017-12-12

Stage
Appeal

Primary locality
Kilkenny

Summary

A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. He had pleaded not guilty to 35 counts, with the trial judge directing not guilty on the balance. He received a 10‑year sentence, the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. On appeal, Mr Justice George Birmingham quashed three counts of rape and the remaining count of sexual assault that related to periods before 1 January 1999. The quashing was based on new evidence from the Department of Social Protection showing the man began receiving rent supplement in May or November 1999, indicating he likely did not live at the rented address in 1998.

Who, what, where, when and why

What: Report matter: Abuser has several conviction counts quashed on appeal. Charges or matters: 35 counts, the balance of which were the subject of directed verdicts of not guilty by the trial judge. Procedural stage: appeal. Findings: Convicted

When:

February 8, 2016 Incident
May 1999 Incident
November 1999 Incident
January 1, 1999 Incident
January 1999 Hearing Or Sentence
2017-12-12 Publication

Why: It was also possible the man did not claim rent supplement when he first moved to rented accommodation either because he didn't know about his entitlement or for some other reason. CNI source report