Courts / Limerick / Report
Rape conviction appealed over judge's inadvertent use of word 'guilt'
Summary
A 39-year-old man, Alan Hanley, has appealed his rape conviction, arguing that the trial judge's inadvertent use of the word 'guilt' rather than 'innocence' should result in the conviction being quashed. Hanley, of no fixed abode, was convicted in the Central Criminal Court following three trials. The first jury failed to reach a verdict, the second convicted him, and the third returned a guilty verdict on one of three rape counts but failed to agree on the other two. Mr Justice Alex Owens sentenced him to 12 years in custody. During the appeal, Hanley's barrister, Seamus Clarke SC, submitted that the trial judge had erred in refusing to warn the jury that evidence of a complainant's distress amounted to weak corroboration, and that the judge had inadvertently used the word 'guilt' instead of 'innocence' when explaining the standard of proof and presumption of innocence. The judge had attempted to clarify the matter with the jury, but Mr Clarke argued that this only confused the jurors further. The appeal was heard by Mr Justice Patrick McCarthy, Justice George Birmingham, and Justice Aileen Donnelly, who reserved judgment.
Who, what, where, when and why
What: Report matter: Rape conviction appealed over judge's inadvertent use of word 'guilt'. Procedural stage: appeal
When:
- May 4 Other
- 2020-10-27 Publication
Case subjects
Appellant
Outcome: Mr Justice Alex Owens jailed him for 12 years.
Places mentioned
- His Central Criminal Court
- Court of Appeal
Topics
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