Courts / Dublin / Report

Father who claimed he was asleep during abuse fails in bid to overturn conviction

Summary

The Court of Appeal has dismissed the appeal of an unnamed 41-year-old man who was convicted of sexually assaulting his daughter. The appellant, who pleaded not guilty to the offence committed in Dublin between January and April 2017, argued that he was asleep at the time and therefore could not form the necessary intent. He contended that the trial judge erred by refusing to direct a verdict of not guilty and by failing to issue a corroboration warning regarding the complainant's evidence. The complainant, who was approximately nine years old at the time, told Gardaí she was unsure if her father was awake, though she described specific acts in detail. Court of Appeal President Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Úna Ní Raifeartaigh, rejected these submissions. The court held that the detailed description of the alleged acts was, as a matter of common sense, consistent only with the actions of a conscious, awake individual, absent a demonstrated sleep disorder. The judges concluded that the trial judge was within her rights to leave the case to the jury and that the decision not to give a corroboration warning was within her discretion. The appellant had previously secured a successful appeal in May 2022, leading to a retrial where he was re-convicted. Following that second trial, Judge Patricia Ryan sentenced him to three years and four months' imprisonment. The appeal was dismissed, leaving the conviction and sentence intact.

Who, what, where, when and why

What: Report matter: Father who claimed he was asleep during abuse fails in bid to overturn conviction. Procedural stage: appeal. Findings: Convicted

When:

• January 1, 2017 Incident
• April 30, 2017 Incident
• May 2022 Incident
• 2023-11-13 Publication

Why: The man, 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

Places mentioned

Topics

Stage Appeal

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Read the original CNI report