Courts / Offaly / Report
Court rejects contention that juror's facial expression required intervention in abuse trial
Summary
Kevin Carroll, a drama teacher aged 58, was convicted of raping a student between 1996 and 1998 when the girl was six to eight years old. He was found guilty on two counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment on 26 February 2016. Carroll appealed his conviction, arguing that the trial judge should have discharged the jury when a witness gave hearsay evidence that Carroll had "looked up the skirts of girls" and that a juror's facial expression—described by the defence as a smile and wink—warranted intervention. The Court of Appeal, presided over by Mr Justice George Birmingham, rejected all grounds of appeal. The court held that the alleged comments and the juror's expression were not prejudicial or communicative enough to affect the trial's fairness, and therefore upheld the conviction and sentence. The appeal was dismissed. Kevin Carroll pleaded not guilty.
Who, what, where, when and why
What: Report matter: Court rejects contention that juror's facial expression required intervention in abuse trial. Charges or matters: two categories of raping the girl at the Offaly school on a date between 1996 and 1998 when she was aged between six and eight. Procedural stage: appeal. Findings: Found guilty
When:
- February 26, 2016 Hearing Or Sentence
- 1996 and 1998 Other
- 2018-07-31 Publication
Case subjects
Appellant
Charges: two categories of raping the girl at the Offaly school on a date between 1996 and 1998 when she was aged between six and eight (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty on both counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment by Ms Justice Margaret Heneghan on February 26, 2016.
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