Courts / Cork / Report
Man facing retrial after rape conviction quashed
Summary
A 29‑year‑old man was convicted of rape in September 2020 and sentenced to 10 years' imprisonment, with the final three years suspended, after a jury found him guilty of raping a 17‑year‑old girl in Midleton, Co Cork, in August 2017. He appealed, arguing that Judge Mr Justice Alexander Owens had frequently and excessively intervened during the examination and cross‑examination of his evidence, thereby prejudicing the trial and rendering it unfair. The Court of Appeal quashed the conviction on 28 June 2020, stating that the judge's interventions were likely to have rendered the trial unsafe. James Dwyer SC, for the Director of Public Prosecutions, informed the court that the State would need time to digest the judgment before deciding on a retrial. The man was remanded on continuing bail, and the case will return to the Central Criminal Court for a retrial date to be set.
Who, what, where, when and why
What: Report matter: Man facing retrial after rape conviction quashed. Procedural stage: appeal
When:
- August 2017 Incident
- September 2020 Incident
- Tuesday, June 28 Hearing Or Sentence
- March 10 Hearing Or Sentence
- 2022-06-30 Publication
Why: In the judgement delivered by Ms Justice Isobel Kennedy, it was noted that while "excessive interventions by a trial judge" were to be "depreciated" there were occasions when such interventions were "necessary in order to clarify issues, or to clarify questions asked". CNI source report
Case subjects
Appellant
Outcome: A jury, however, convicted him of the offence in September 2020 and he was sentenced to 10 years' imprisonment with the final three suspended by Mr Justice Alexander Owens at the Central Criminal Court in Cork.
Places mentioned
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