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Father jailed for sex assault on daughter (9) has conviction overturned
Summary
A 40‑year‑old father was convicted of sexually assaulting his nine‑year‑old daughter between 1 January and 30 April 2017, after a trial at Dublin Circuit Criminal Court. He was sentenced to three years and four months' imprisonment. The conviction was based on the daughter's allegation that he had placed his hands on her front and back, touching her vagina and anus, while she slept. The father denied the allegation, claiming he did not remember any incident. He appealed, arguing that the court had not established intent and that the judge should have directed a not‑guilty verdict. The Court of Appeal, led by Justice George Birmingham, quashed the conviction, citing uncertainty about whether the father was awake or asleep and the lack of corroboration. The case was adjourned for a week to allow the State to consider its position, and the father was remanded on bail with a restriction on contacting the complainant. The unnamed man pleaded not guilty.
Who, what, where, when and why
What: Report matter: Father jailed for sex assault on daughter (9) has conviction overturned. Charges or matters: sexually assaulting the girl between January 1, 2017, and 30 April, 2017 at their home. Procedural stage: appeal. Findings: Convicted
When:
- January 1, 2017 Incident
- 30 April Incident
- 2022-05-12 Publication
Why: "She observed that this was not unusual in cases of this nature, because, by its nature, sexual activity tends to occur in private and not in public," he continued. CNI source report
Case subjects
Convicted Person
Charges: sexually assaulting the girl between January 1, 2017, and 30 April, 2017 at their home (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; However, he was convicted by a jury following a trial at Dublin Circuit Criminal Court and sentenced to three years and four months' imprisonment.; The case was adjourned for one week and the man was remanded on bail on condition he does not contact the complainant.
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
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