Courts / Galway / Report

Convicted child abuser has subsequent conviction for sexually abusing his niece quashed

Date
2015-07-28
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

A 66‑year‑old man, previously imprisoned in the United States for child abuse, had his 1993 conviction for raping his nine‑year‑old niece in Galway quashed on appeal. He had pleaded not guilty to rape, oral rape and three counts of sexual assault. A jury at the Central Criminal Court found him guilty and he was sentenced to eight years' imprisonment, with the final three years suspended by Mr Justice Garrett Sheehan on 21 October 2013. Mr Patrick Gageby SC argued that major inconsistencies existed in the charges and evidence presented at trial. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed that the cumulative effect of these inconsistencies meant the conviction could not stand. The Court of Appeal quashed the conviction without ordering a retrial.

Who, what, where, when and why

What: Report matter: Convicted child abuser has subsequent conviction for sexually abusing his niece quashed. Charges or matters: rape, oral rape and three counts of sexual assault committed against his nine-year-old niece in his native county in the first week of August 1993. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Unnamed 66-year-old

Appellant

Charges: rape, oral rape and three counts of sexual assault committed against his nine-year-old niece in his native county in the first week of August 1993 (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; He was found guilty by a jury at the Central Criminal Court and sentenced to eight years imprisonment with the final three suspended by Mr Justice Garrett Sheehan on October 21 2013.

Places mentioned

Secondary Mention
Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

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