Courts / Louth / Report

Shopkeep to face retrial for sexually assaulting customer (13)

Date
2018-02-19
Stage
Appeal
Primary locality
Dundalk
County
Louth

Summary

In 2015, a 63‑year‑old shop owner was found guilty of sexually assaulting a 13‑year‑old girl who had been sent to his shop by her mother to buy a household item. The jury convicted him on a single count and Judge Michael O'Shea imposed a wholly suspended three‑year sentence. The conviction was later successfully appealed on the basis that the trial judge's ruling on the timing of the CCTV footage was unfair. The Court of Appeal has now directed a retrial, following an application by the Director of Public Prosecutions. The unnamed 13-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Shopkeep to face retrial for sexually assaulting customer (13). Charges or matters: a single count of sexually assaulting the 13-year-old girl in the shop he owned in May 2012. Procedural stage: appeal. Findings: Found guilty

When:

Why: Mr Justice Michael Peart, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, said the reason for setting aside the conviction was capable of being remedied on a retrial and there was no basis for refusing the DPP's request. CNI source report

Case subjects

Unnamed 13-year-old

Appellant

Charges: a single count of sexually assaulting the 13-year-old girl in the shop he owned in May 2012 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury and was given a wholly suspended three-year sentence by Judge Michael O'Shea on October 22, 2015.

Places mentioned

Court Venue
  • Dundalk
  • Dundalk Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Related court reports

Read the original CNI report

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