Courts / Cork / Report

Two men jailed for attempted rape of a woman in a van have conviction appeals dismissed

Summary

The Court of Criminal Appeal has dismissed the conviction appeals of two men, aged 22 and 24, who were previously jailed for the attempted rape of a woman in a van. The appellants, who were 16 and 18 at the time of the 2009 incident, had been found guilty by a Central Criminal Court jury in November 2012. The 22-year-old was convicted of attempted rape, sexual assault, and oral rape, while the 24-year-old was convicted of attempted rape and sexual assault. A third accused was acquitted on all counts. Mr Justice Paul Carney sentenced both men to ten years' imprisonment in January 2013. The 22-year-old also pleaded guilty to stealing the victim's car at the outset of the trial. In today's ruling, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, stated that the original trial was conducted in an "exemplary fashion" and that the convictions should stand. The court rejected the appellants' argument that the trial judge erred in law, rendering the convictions unsafe. The men are due to appeal their sentences at a later date.

Who, what, where, when and why

What: Report matter: Two men jailed for attempted rape of a woman in a van have conviction appeals dismissed. Charges or matters: stealing her car at the outset of the trial. Procedural stage: appeal

When:

• September 13 2009 Incident
• November 7 2012 Incident
• January 31 2013 Hearing Or Sentence
• 2015-07-23 Publication

Why: The charges of vaginal rape against all three accused were dropped during the trial because of the woman's evidence that the men had not penetrated her despite them telling gardai that they had. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft Violent Crime

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Read the original CNI report