Courts / Cork / Report
Case of intellectually disabled man jailed for raping nephew (7) should have not have gone before jury, appeal lawyers say
Summary
In 2016, a 29‑year‑old intellectually disabled man from Cork was convicted by a Central Criminal Court jury of raping his seven‑year‑old nephew on three occasions between 2009 and 2011. He was sentenced to seven years' imprisonment, with the last six months suspended, and ordered to undergo seven years of post‑release supervision. The judge noted the defendant's high risk of re‑offending and his refusal to engage with probation services, while also acknowledging his significant intellectual difficulties but affirming his moral culpability. In April 2018, his lawyers appealed, arguing that the evidence was too inconsistent for a jury trial and that the case should have been directed to a verdict of acquittal. The Court of Appeal adjourned the appeal to review video recordings of the child's specialist interviews and the cross‑examination, as the defence contended that the child's memory had deteriorated over time, potentially undermining the conviction. The unnamed 29-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Case of intellectually disabled man jailed for raping nephew (7) should have not have gone before jury, appeal lawyers say. Charges or matters: three counts of rape on dates between 2009 and 2011 in a Cork home. Procedural stage: appeal. Findings: Found guilty
When:
- October 12, 2016 Hearing Or Sentence
- 2009 and 2011 Incident
- 2018-04-17 Publication
Case subjects
Convicted Person
Charges: three counts of rape on dates between 2009 and 2011 in a Cork home (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Lawyers for an intellectually disabled Cork man jailed for raping his seven-year-old nephew multiple times have told the Court of Appeal that he is "entrenched" in his asserted innocence and that the case should not have been allowed go to a jury. The man was found guilty by a Central Criminal Court jury and sentenced to seven years imprisonment with the final six months suspended by Mr Justice Paul Coffey on October 12, 2016.; The three-judge court adjourned the case to allow it to view videos of the complainant's specialist interviews and cross-examination.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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