Courts / Dublin / Report

Judge's use of LRC definition of "recklessness" confused rape jury, lawyers submit

Date
2019-03-26

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

In 2018, a 25‑year‑old man was convicted of raping a 17‑year‑old girl in Dublin. He pleaded not guilty to two counts, claiming both were consensual. A jury acquitted him of the first count but found him guilty of the second after a trial that had collapsed twice due to the victim's panic attacks. The trial was conducted via video link for the third hearing. Judge Paul Butler sentenced him to six years' imprisonment, with the final year suspended, and later remarked that rape trials should provide complainants with legal advice. The defendant appealed, arguing that the judge's definition of recklessness was inadequate. The Court of Appeal noted that the judge used a 2018 Law Reform Commission definition instead of the 2016 Supreme Court definition, and the appeal was reserved for further consideration. The case remains pending.

Who, what, where, when and why

What: Report matter: Judge's use of LRC definition of "recklessness" confused rape jury, lawyers submit. Charges or matters: two counts of raping the girl in January and March 2015, claiming both instances were consensual; rape. Procedural stage: appeal. Findings: Found guilty

When:

March 2015 Hearing Or Sentence
June 11, 2018 Hearing Or Sentence
2019-03-26 Publication

Why: The trial collapsed twice before it went to a jury a third time, because the victim had a panic attack on the second occasion. CNI source report