Courts / Dublin / Report
Tinder sex attacker must await appeal fate
Summary
Paul Flaherty, 30, will await the Court of Appeal's decision on his five-year sentence for sexually assaulting a woman he met via Tinder. Flaherty was found guilty by a jury at the Central Criminal Court last December of sexually assaulting the victim at his home in Tallaght, Dublin, on August 31, 2015. During the appeal hearing, Michael O'Higgins SC argued that the trial judge should have assessed which specific offence was proved beyond reasonable doubt, noting that the prosecution failed to break down the acts into separate charges. Counsel stated that if Flaherty was only guilty of forcibly removing clothing, it would be a lower-end offence, whereas attempted strangulation would be more serious. He highlighted a "serious issue" regarding the jury's findings on attempted strangulation and genital touching. Conversely, Eilis Brennan SC for the DPP argued the trial judge was clear in sentencing, citing bruising on the victim's neck and her distressed state as evidence of a violent assault at the higher end of the scale. The trial judge, Mr Justice Michael White, had previously noted the victim clearly rejected sexual contact. President of the Court of Appeal Justice George Birmingham stated he would deliver the judgement on October 24. Consequently, the matter was adjourned until that date.
Who, what, where, when and why
What: Report matter: Tinder sex attacker must await appeal fate. Charges or matters: attempted strangulation then that would be more serious, he said. Procedural stage: appeal. Findings: Found guilty
When:
- August 31, 2015 Incident
- Thursday, October 24 Hearing Or Sentence
- March 2018 Hearing Or Sentence
- 2019-10-18 Publication
Why: I no longer dream of raising children because the world seems so sinister now", she said. CNI source report
Case subjects
Appellant
Charges: attempted strangulation then that would be more serious, he said (Proven)
Finding: Found guilty
Outcome: Found guilty; As that did not happen, counsel said the trial judge should have assessed which offence was proved beyond reasonable doubt and sentenced accordingly. Evidence in trial During the sentence hearing in March 2018, Mr Justice Michael White noted that the woman had made it clear to Flaherty that she was not interested in sexual contact but he ignored that request.
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