Courts / Leitrim / Report
Judge failed to highlight differences between cases of rape accused, lawyers say
Summary
The Court of Appeal heard appeals from two men in their twenties convicted of raping a woman at an address in Co Leitrim in 2017. The first accused, who pleaded guilty to rape, and the second accused, who pleaded not guilty to oral rape, were found guilty by a jury at the Central Criminal Court in November 2019 and sentenced to seven years' imprisonment each by Ms Justice Eileen Creedon. Counsel for the first appellant argued that the trial judge failed to highlight the distinct differences between the co-accused's cases and did not provide an adequate corroboration warning. The second appellant contended that the judge erred in refusing an application to acquit on the grounds that the State failed to preserve evidence, specifically his trousers, which could have been subjected to a touch test for DNA. The Director of Public Prosecutions submitted that the jury was instructed to treat the matters separately and rejected the defence arguments. The matter was adjourned with judgment reserved.
Who, what, where, when and why
What: Report matter: Judge failed to highlight differences between cases of rape accused, lawyers say. Charges or matters: raping the woman at an address in in Co Leitrim on a date in 2017; the oral rape of the same woman at the same time and place; raping the woman. Procedural stage: appeal
When:
- November 2019 Hearing Or Sentence
- 2022-03-11 Publication
Case subjects
Appellant
Charges: raping the woman at an address in in Co Leitrim on a date in 2017; the oral rape of the same woman at the same time and place (Alleged Or Contested)
Plea: Not guilty
Outcome: The men were later found guilty by a jury following a trial at the Central Criminal Court in November 2019 and jailed for seven years each by Ms Justice Eileen Creedon.
Defendant
Charges: raping the woman (Admitted)
Plea: Guilty
Outcome: The men were later found guilty by a jury following a trial at the Central Criminal Court in November 2019 and jailed for seven years each by Ms Justice Eileen Creedon.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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