Courts / Kildare / Report

Man's conviction for assaulting ex solely based on "voice familiarity", lawyers say

Date
2019-03-29
Stage
Appeal
Primary locality
Kildare
County
Kildare

Summary

In a case heard in Naas Circuit Criminal Court, Laurence Carthy, aged 43, was convicted of assault causing harm to his ex‑wife Joanne Carthy. The conviction was based largely on the victim's testimony that she recognised Carthy's voice during the assault. She identified him by the phrase "it's just because I miss you so much" and noted his breathing and grunting. No forced entry occurred, Carthy retained a key, and the family dog did not bark. A jury found him guilty and Judge Brian O'Callaghan sentenced him to three years' imprisonment, with 18 months suspended. Carthy appealed, arguing the voice‑recognition evidence was weak and that no other supporting evidence existed. The Court of Appeal dismissed the appeal, accepting the witness's familiarity with Carthy's voice as sufficient for conviction and rejecting further procedural objections. The appeal was dismissed by Justice Isobel Kennedy, Justice George Birmingham and Justice Patrick McCarthy. Laurence Carthy pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man's conviction for assaulting ex solely based on "voice familiarity", lawyers say. Charges or matters: assault causing harm to his ex-wife Joanne Carthy on May 5, 2016. Procedural stage: appeal. Findings: Found guilty

When:

Why: She gave evidence in the trial that she was able to identify the intruder as Carthy by his voice when he uttered the phrase: "it's just because I miss you so much". CNI source report

Case subjects

Laurence Carthy

Defendant

Charges: assault causing harm to his ex-wife Joanne Carthy on May 5, 2016 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; Carthy was found guilty by a jury and sentenced to three years imprisonment with the final 18 months suspended by Judge Brian O'Callaghan on July 2, 2018.

Places mentioned

Residence
Court Venue
  • Naas
  • Naas Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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