Courts / Dublin / Report
Man's conviction for sex assault on girl (6) is overturned on appeal
Summary
In March 2023 the Court of Appeal quashed the conviction of a 50‑year‑old man who had been sentenced to four years' imprisonment for sexually assaulting a six‑year‑old girl. The conviction had been secured in a Dublin Circuit Criminal Court in May 2021 after the man pleaded not guilty. The appeal was based on the fact that the girl, who was 11 at the time of the trial, had no memory of the alleged assault and could only offer flashbacks when her video interview was played. The Court held that this lack of memory prevented the man from exercising his right to cross‑examine the child, thereby rendering the trial unfair. Consequently the Court ordered the conviction to be quashed, citing a real risk of an unfair trial due to the child's impaired memory.
Who, what, where, when and why
What: Report matter: Man's conviction for sex assault on girl (6) is overturned on appeal. Charges or matters: sexually assaulting the girl when she was visiting his daughter at a Dublin address in October 2016 but was unanimously convicted by a Dublin Circuit Criminal Court jury in May 2021. Procedural stage: appeal. Findings: Convicted
When:
- October 2016 Incident
- May 2021 Hearing Or Sentence
- 2023-03-21 Publication
Why: A man jailed for sexually assaulting his daughter's six-year-old friend has had his conviction quashed by the Court of Appeal because her lack of memory of the alleged incident prevented the defence from effectively cross-examining the child. Defence account reported by CNI
Case subjects
Appellant
Charges: sexually assaulting the girl when she was visiting his daughter at a Dublin address in October 2016 but was unanimously convicted by a Dublin Circuit Criminal Court jury in May 2021 (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; A man jailed for sexually assaulting his daughter's six-year-old friend has had his conviction quashed by the Court of Appeal because her lack of memory of the alleged incident prevented the defence from effectively cross-examining the child. The man (50), who cannot be named to protect the identity of the child, was convicted and sentenced to four years' imprisonment by Judge Elma Sheahan for the sexual assault.
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