Courts / Tipperary / Report

Man appeals conviction for indecently assaulting sister-in-law (6)

Date
2021-06-18
Stage
Appeal
Primary locality
Clonmel
County
Tipperary

Summary

In a 2021 appeal, a 73‑year‑old man who was convicted in 2019 of indecent assault on his sister‑in‑law, then six, seeks to overturn his three‑year sentence. He argues that background evidence of a 1973 incident, described as "grooming," was improperly introduced at trial. The evidence involved an alleged incident at a christening where the victim, then four, was observed by the defendant and his sister‑in‑law, who allegedly called her a "dirty girl." The appellant's counsel contended that this incident was unrelated to the later indecent assaults, which involved digital penetration, and that it was not a crime at the time. The State maintained that the incident was relevant to the defendant's intent and the victim's perception of the abuse. The Court of Appeal will consider the appeal. The unnamed 73-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man appeals conviction for indecently assaulting sister-in-law (6). Charges or matters: the charges but was convicted by a Clonmel Circuit Criminal Court jury. Procedural stage: appeal. Findings: Convicted

When:

Why: Today, the 73-year-old male, who cannot be identified to protect the identity of his victim, submitted through lawyers that his conviction should be overturned because background evidence that was not relevant to his indecent assault charges was put before his trial jury. CNI source report

Case subjects

Unnamed 73-year-old

Convicted Person

Charges: the charges but was convicted by a Clonmel Circuit Criminal Court jury (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; In July 2019, the male, whose partner was the victim's older sister, was sentenced to three years imprisonment for eight counts of indecent assault on the girl on dates between December 1973 and April 1975.

Places mentioned

Court Venue
  • Clonmel
  • Clonmel Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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