Courts / Dublin / Report

Father to face retrial after sex abuse conviction quashed

Summary

A 40‑year‑old father was convicted of sexually assaulting his nine‑year‑old daughter while she slept in his bed, a conviction that was quashed on appeal. The conviction had been obtained after a jury trial at Dublin Circuit Criminal Court, where the man was sentenced to three years and four months' imprisonment. His lawyers argued that the jury had not been properly directed to consider the lack of evidence of intent and that the trial judge had allowed the jury to convict solely on the complainant's testimony without requiring corroboration. The Court of Appeal, after reviewing the case, found that the jury had not been given sufficient guidance on whether the accused was awake or asleep, a factor of central importance, and therefore quashed the conviction. The State has requested a retrial, and the defendant remains remanded on bail with a condition that he not contact the complainant. The unnamed man pleaded not guilty.

Who, what, where, when and why

What: Report matter: Father to face retrial after sex abuse conviction quashed. Charges or matters: assaulting the girl, contrary to Section 2 of the Criminal Law (Rape Amendment) Act 1990, between January 1, 2017, and April 30, 2017 at their home. Procedural stage: appeal. Findings: Convicted

When:

• January 1, 2017 Hearing Or Sentence
• April 30, 2017 Hearing Or Sentence
• 2022-05-19 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

Places mentioned

Topics

Stage Appeal

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Read the original CNI report