Courts / Ireland / Report

Teen accused of producing weapon during sex assault of schoolboy (12)

Summary

A teenager has brought a High Court challenge against the Director of Public Prosecutions, seeking to quash a District Court decision to send his case forward for trial. The accused is charged with sexually assaulting another male in a school bathroom in April 2018, when both parties were 12 years old. He also faces a charge under the 1990 Firearms and Offensive Weapons Act for allegedly producing an implement capable of inflicting serious injury during the incident. Following a Garda investigation, the accused appeared in the Children's Court, where a District Judge refused jurisdiction in October 2019 and sent the matter forward for trial before the Circuit Criminal Court. The teen, suing through his mother, claims he was denied a mandatory hearing under Section 75 of the 2001 Children's Act. This provision requires a district court judge to consider the minor's age and maturity before deciding whether to send a child forward for trial or deal with the matter summarily. The accused argues that the absence of this hearing deprived him of legislative protections. In judicial review proceedings, he seeks an order quashing the October 2019 decision. The matter came before Mr Justice Charles Meenan, who granted the accused permission to bring the challenge on an ex-parte basis. The case was adjourned and will return before the High Court in May.

Who, what, where, when and why

What: Report matter: Teen accused of producing weapon during sex assault of schoolboy (12). Procedural stage: trial

When:

• April 2018 Incident
• October 2019 Hearing Or Sentence
• 2021-03-01 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

Read the original CNI report