Courts / Cork / Report
Former youth boxer who had drugs conviction quashed to face retrial
Summary
Roy Carroll, a 28‑year‑old former youth boxer from Cork, had a drugs conviction quashed by the Court of Appeal after a jury found him guilty of possessing a quantity of cocaine for sale. He was originally sentenced to four years' jail with 18 months suspended. The appeal was based on the fact that evidence of Carroll's silence during Garda interviews was admitted to the jury without proper direction on how to consider the exercise of his right to remain silent. The Court of Appeal ruled the trial was unsatisfactory and that the verdict was unsafe, noting that Carroll had been advised of his right to silence and had not answered questions. The court said it was disposed to order a retrial and returned the case to Cork Circuit Criminal Court, where the State intends to retry the matter on the basis of the Garda evidence. Roy Carroll pleaded not guilty.
Who, what, where, when and why
What: Report matter: Former youth boxer who had drugs conviction quashed to face retrial. Charges or matters: a charge of possessing a quantity of cocaine for sale or supply contrary to section 15 of the Misuse of Drugs Act, 1977. Procedural stage: appeal. Findings: Found guilty
When:
- February 25, 2020 Hearing Or Sentence
- January 10, 2018 Other
- October 13 Hearing Or Sentence
- 2021-10-15 Publication
Why: In a judgement issued on October 13 by the Court of Appeal, Ms Justice Aileen Donnelly, along with Mr Justice John Edwards and Mr Justice Patrick McCarthy, ruled that Carroll's trial was "unsatisfactory" because the jury were not directed properly about inferences they could draw from Carroll's unwillingness to answer questions during his garda interview. CNI source report
Case subjects
Convicted Person
Charges: a charge of possessing a quantity of cocaine for sale or supply contrary to section 15 of the Misuse of Drugs Act, 1977 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; A jury found him guilty, however, and Judge Brian O'Callaghan sentenced Mr Carroll to four years' jail with 18 months suspended at Cork Circuit Criminal Court on February 25, 2020. Paula McCarthy BL, defending, told the court that if there was a retrial and a conviction, the majority of any sentence imposed by the court would have already been served by her client.
Places mentioned
- Court of Appeal
- Cork
- Cork Circuit Criminal Court
- Farranferris Park
- Cork
Topics
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