Courts / Clare / Report
Clare man's conviction for sexually assaulting his wife's niece is upheld
Summary
In 2015 the Court of Appeal upheld the conviction of a 47‑year‑old man from County Clare who had been found guilty of sexually assaulting his wife's teenage niece in 2007. The appeal judge, Mr Justice George Birmingham, confirmed that the evidence showed the niece was babysitting in the man's home on both occasions. In the first incident she was helping him look for his phone when he kissed her, put his hand in her underwear and performed a digital penetration. The second incident involved him grabbing her while she retrieved a TV remote, again putting his hand in her underwear and digitally penetrating her. The appeal court dismissed the appeal, rejected fresh evidence, and upheld the 18‑month sentence, noting the man had 13 weeks remaining to serve and that part of his sentence was suspended for six months on condition of good behaviour and a €100 bond.
Who, what, where, when and why
What: Report matter: Clare man's conviction for sexually assaulting his wife's niece is upheld. Procedural stage: appeal. Findings: Found guilty
When:
- January 1 2007 Incident
- January 31 2007 Incident
- July 13, 2012 Incident
- May 1 Other
- 2015-03-10 Publication
Why: His barrister, Giollaíosa Ó Lideadha SC, had submitted that the trial judge allowed a psychiatrist to say the teenager was admitted to acute care because of the effects of sexual assault. CNI source report
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Ennis Circuit Criminal Court and sentenced to 18 months imprisonment by Judge Seán O'Donnabháin on July 13, 2012. Any portion of his sentence which remains unexpired by May 1 next was suspended for a period of six months on condition he enter into his own bond of €100, keep the peace and be of good behaviour.
Places mentioned
- Court of Appeal
- Ennis
- Ennis Circuit Criminal Court
Topics
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