Courts / Wexford / Report

Pensioner's conviction for abusing granddaughter (9) is upheld

Summary

The Court of Appeal has dismissed the appeal of an unnamed 71-year-old man, upholding his conviction for three counts of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1991. The appellant was originally convicted by a jury at Wexford Circuit Criminal Court in June 2019, following a trial presided over by Judge Cormac Quinn. He was sentenced to six years' imprisonment, with the final 12 months suspended, resulting in an effective custody period of five years. The charges related to alleged assaults on his nine-year-old granddaughter, who was babysitting at his home between 2015 and 2016. The appellant challenged the conviction on two grounds: first, that the trial judge failed to issue a corroboration warning regarding the complainant's uncorroborated evidence; and second, that the judge erred by not directing a verdict of not guilty for assaults occurring prior to a specific wedding night. In a judgment delivered by Ms Justice Úna Ní Raifeartaigh, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, the appellate court rejected both submissions. The court found the trial judge was within his discretion to omit the corroboration warning, noting the complainant's evidence was not vague or unusual. Furthermore, the court determined it was proper for the trial judge to leave the case to the jury based on the totality of the evidence, rather than removing it. Consequently, the conviction stands.

Who, what, where, when and why

What: Report matter: Pensioner's conviction for abusing granddaughter (9) is upheld. Charges or matters: three counts of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1991 following a trial Wexford Circuit Criminal Court in June 2019. Procedural stage: appeal. Findings: Convicted

When:

• June 2019 Incident
• July 1 Incident
• September 30, 2015 Incident
• October 1 Incident
• December 31, 2015 Incident
• January 1 Incident
• May 31, 2016 Incident
• December 2015 Other
• 2022-04-07 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report