Courts / Dublin / Report

DPP must prove "absence of consent" in alleged assault case, lawyers argue

Summary

In a 2019 case, lawyers for a man charged with assault argued that the prosecution must prove the alleged victim did not consent to the incident. The defence cited a Supreme Court decision involving a prisoner who claimed another prisoner asked to be assaulted to secure transfer to an open prison. The defendant, Gerard Brown, alleged that former Garda Stephen Cooper instructed him to feign an attack, saying "Don't hold back" and "Just make sure there is blood," and promised €1,000 and sensitive information. After the Court of Appeal dismissed an appeal against conviction, the Supreme Court agreed to hear a further appeal, focusing on whether the offence of section 3 assault requires proof of absence of consent. The Court of Appeal had ruled that consent could not be a defence on public policy grounds. The Supreme Court disagreed, stating that absence of consent is not a necessary ingredient in a section 3 assault.

Who, what, where, when and why

What: Report matter: DPP must prove "absence of consent" in alleged assault case, lawyers argue. Procedural stage: appeal

When:

• 2019-03-21 Publication

Why: Lawyers for a man charged with assault have argued that the case should be thrown out because the prosecution could not prove the alleged injured party did not consent to the incident. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report