Courts / Dublin / Report

Burglar has conviction for sexually assaulting victim quashed on appeal

Summary

The Court of Appeal has quashed the sexual assault conviction of an unnamed 25-year-old man, originally from Azerbaijan, while leaving his burglary conviction intact. The appellant had pleaded guilty to burglary but not guilty to sexually assaulting a woman in her south Dublin home on June 15, 2014. He was initially found guilty of sexual assault by a jury and sentenced to three-and-a-half years' imprisonment by Judge Martin Nolan on June 15, 2018. The appeal succeeded on the grounds that the trial judge erred in his instructions to the jury regarding the ingredients of the offence. Ms Justice Isobel Kennedy, sitting with Mr Justice George Birmingham and Ms Justice Máire Whelan, determined that the judge's instructions amounted to an error in principle, specifically by erroneously indicating that the complainant's state of mind was relevant rather than the accused's. The court noted the victim was alone and sleeping when she discovered the man in her bedroom, leading to the alleged assault. The quashing of the sexual assault conviction does not affect the burglary conviction, for which the man remains in custody serving his sentence. The matter regarding whether a retrial will take place has not been concluded and will be decided at a later date.

Who, what, where, when and why

What: Report matter: Burglar has conviction for sexually assaulting victim quashed on appeal. Charges or matters: burglary but not guilty to sexually assaulting a woman in her home in south Dublin on June 15, 2014. Procedural stage: appeal. Findings: Found guilty

When:

• June 15, 2014 Incident
• June 15, 2018 Incident
• 2019-07-05 Publication

Case subjects

Places mentioned

Topics

Burglary Stage Appeal Violent Crime

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report