Courts / Dublin / Report

Brother appeals conviction for rape and abuse of sister

Date
2020-07-29
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In 2016, a 37‑year‑old Dublin man was tried at the Central Criminal Court for raping and abusing his younger sister over several years while she was a child. He pleaded not guilty to 48 counts, including rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005. The jury found him guilty. The victim, who is unnamed to protect her identity, described how the abuse began when she was ten, describing the experience as a "black hole of uncertainty, fear and terror." She said her family changed forever and that her parents became "shadows" of themselves after the court proceedings. Justice Isobel Kennedy sentenced him to 11 years' imprisonment. He has now appealed his conviction to the Court of Appeal, arguing that the trial judge erred by not warning the jury about the dangers of convicting on uncorroborated evidence.

Who, what, where, when and why

What: Report matter: Brother appeals conviction for rape and abuse of sister. Charges or matters: 48 counts including rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Unnamed man

Appellant

Charges: 48 counts including rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; The woman said that her father had told her: "I thought I had to protect you from the monsters in the street, not the monster in my home." Justice Isobel Kennedy heard that the man had no previous convictions, and jailed him for 11 years.; Mr O'Kelly said that the man had then continued making the admissions, telling his father that it was 'on me'. "I'm submitting that there's independent evidence from two sources, both of whom were there on the day," said counsel. "The judge was right to decide it was an inappropriate case to give a corroboration warning." Justice John Edwards, presiding with Justice Patrick McCarthy and Justice Ún

Places mentioned

Secondary Mention
Court Venue
  • Central Criminal Court
  • Court of Appeal
Incident

Topics

Stage Appeal Violent Crime

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