Courts / Ireland / Report
Trial for alleged sexual assault of neighbour (6) to proceed
Summary
In a 2020 Court of Appeal decision, a 20‑year‑old charged with sexually assaulting a six‑year‑old neighbour in 2014 was allowed to proceed to trial after the High Court refused his request for a stay or injunction. The accused, whose identity is withheld, was charged 2½ years after the alleged offence and faces a Circuit Criminal Court trial next year. His lawyers argued that prosecutorial delay had prejudiced him, citing loss of anonymity, non‑application of children's sentencing principles and a mandatory sentencing report. The High Court acknowledged the delay but denied relief. The Court of Appeal, presided over by Mr Justice George Birmingham, described the delay as "quite unacceptable" and noted that the Garda Youth Division had sent eight reminders between late 2015 and early 2016, yet the skeleton file was not received until summer 2016.
Who, what, where, when and why
What: Report matter: Trial for alleged sexual assault of neighbour (6) to proceed. Procedural stage: appeal
When:
- 2020-01-21 Publication
Case subjects
Applicant
Outcome: Mr Justice Birmingham said he did not see the non-application of the sentencing regime under the Children's Act, which stipulates that a sentence of detention would be a last resort, as having any major practical significance.
Places mentioned
- Court of Appeal
- Circuit Criminal Court
- High Court
Topics
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