Courts / Sligo / Report

Man jailed for neglect fails in appeal against conviction for raping his daughter

Date
2015-03-16
Stage
Appeal
Primary locality
Carney
County
Sligo

Summary

A 46‑year‑old man, who had been jailed for neglecting his children, was convicted of raping his daughter and sentenced to 12 years' imprisonment. He appealed the conviction, arguing that the trial judge had erred by refusing to direct the jury to acquit, making the verdict perverse. The Court of Appeal dismissed the appeal, with Justice Garrett Sheehan announcing that reasons would be given in a written judgment later in the month. The man's barrister, Blaise O'Carroll SC, claimed the victim's evidence was "extraordinary, bizarre, contradictory, and incredible," and that allowing any of it would undermine the justice system. The Director of Public Prosecutions' counsel, Dominic McGinn SC, countered that the jury was best placed to assess credibility and that the judge had properly summarised all evidence, including inconsistencies. Justice George Birmingham noted the court would reserve judgment until March. The appeal was therefore rejected, leaving the 12‑year sentence in place. The unnamed 46-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Man jailed for neglect fails in appeal against conviction for raping his daughter. Charges or matters: one charge of rape against the girl on a date in September 2007. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Unnamed 46-year-old

Appellant

Charges: one charge of rape against the girl on a date in September 2007 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; A man jailed for neglecting his children has failed in an appeal his conviction for raping one of them, an offence for which he was sentenced to 12 years in prison. He was found guilty by a jury at the Central Criminal Court and sentenced to 12 years imprisonment by Mr Justice Paul Carney on July 11 2011.

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal
Incident

Topics

Stage Appeal

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request