Courts / Dublin / Report
Father jailed for abusing daughter argues its possible he was asleep
Summary
In a Dublin Circuit Criminal Court case, a 41‑year‑old man was convicted of sexual assault against his 10‑year‑old daughter, who was in his bed when the alleged offence occurred between 1 January and 30 April 2017. The daughter reported that the man rubbed her front and back and inserted a finger into her vagina while they were in his bed, but she could not say for certain whether he was awake or asleep. The jury found him guilty, and Judge Patricia Ryan sentenced him to three years and four months' imprisonment. The man has now appealed, arguing that the trial judge erred by not directing the jury that the evidence did not establish his intent and by failing to issue a corroboration warning. The Court of Appeal, presided over by Mr Justice George Birmingham, has reserved judgment on the appeal. The unnamed girl pleaded not guilty.
Who, what, where, when and why
What: Report matter: Father jailed for abusing daughter argues its possible he was asleep. Charges or matters: sexual assault at the family home in Dublin on a date between January 1, 2017, and April 30, 2017. Procedural stage: appeal. Findings: Found guilty
When:
- January 1, 2017 Incident
- April 30, 2017 Incident
- 2023-10-13 Publication
Why: The man (41), who cannot be named in order to protect the identity of the child, pleaded not guilty to sexual assault at the family home in Dublin on a date between January 1, 2017, and April 30, 2017. CNI source report
Case subjects
Convicted Person
Charges: sexual assault at the family home in Dublin on a date between January 1, 2017, and April 30, 2017 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; A father who was jailed for abusing his young daughter in his bed has launched an appeal against his conviction, arguing that the girl told gardaí she was unsure whether he was awake or asleep at the time of the offence. Judge Patricia Ryan sentenced the man to three years and four months' imprisonment for the assault.
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