Courts / Cork / Report
Arrest of man who tried to rape homeless man was unlawful, lawyers argue
Summary
The Court of Appeal heard arguments today regarding the lawfulness of the arrest of William Dollard, who is appealing his conviction for the sexual assault and attempted anal rape of a 61-year-old victim in Co Cork on May 30, 2017. Dollard, who pleaded not guilty, was found guilty by a jury at the Central Criminal Court. His legal team argued that his arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was unlawful, contending it was a "colourful device" to secure his availability for potential complaints rather than addressing an immediate danger. They further claimed the subsequent seizure of his clothing rendered the evidence inadmissible. The Director of Public Prosecutions countered that the arrest was lawful, citing CCTV footage showing Dollard making thrusting motions against the victim, which informed the garda's decision. The prosecution noted the victim was intoxicated and unclear, making the CCTV crucial evidence. Judgment has been reserved. At the original sentencing, Mr Justice McDermott acknowledged the victim's vulnerability and Dollard's alcohol abuse and social isolation. He set a headline sentence of six years for the attempted anal rape but imposed a final sentence of five years and six months, with the last 18 months suspended for two years.
Who, what, where, when and why
What: Report matter: Arrest of man who tried to rape homeless man was unlawful, lawyers argue. Charges or matters: the sexual assault and attempted anal rape of the 61-year-old victim at a location in Co Cork on May 30, 2017. Procedural stage: appeal
When:
- May 30, 2017 Incident
- June 2020 Incident
- 2022-03-22 Publication
Case subjects
Appellant
Charges: the sexual assault and attempted anal rape of the 61-year-old victim at a location in Co Cork on May 30, 2017 (Alleged Or Contested)
Plea: Not guilty
Outcome: Mr Justice McDermott set a headline sentence of six years for the attempted anal rape and, taking into account the mitigation, imposed a sentence of five years and six months with the final 18 months suspended for two years.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
Public Order Stage Appeal Violent Crime
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