Courts / Ireland / Report

Court upholds conviction for abuse of sister-in-law

Date
2021-07-01
Stage
Appeal

Summary

In July 2019 a 73‑year‑old man was convicted by a Circuit Criminal Court jury of eight counts of indecent assault on his sister‑in‑law, who was six at the time. He was sentenced to three years' imprisonment. The man appealed, arguing that background evidence presented at trial – an incident at an outhouse two years before the abuse began, in which he allegedly masturbated in front of the victim – was irrelevant and that the jury should have been discharged. The Court of Appeal rejected the appeal. It held that the evidence was relevant to show grooming and the man's intent toward the child, and that the trial judge's instructions to the jury were correct. The court therefore upheld the conviction and the original sentence. The appeal was dismissed in an electronic judgment delivered on 1 July 2021. The decision confirms the trial court's findings and the three‑year custodial term. The case remains at the appellate stage. The unnamed 73-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Court upholds conviction for abuse of sister-in-law. Charges or matters: the charges but was convicted by a Circuit Criminal Court jury. Procedural stage: appeal. Findings: Convicted

When:

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

Case subjects

Unnamed 73-year-old

Accused

Charges: the charges but was convicted by a 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
  • Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Read the original CNI report

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