Courts / Ireland / Report

'Sick monster' appeals conviction for raping partner and her son

Date
2024-04-16
Stage
Appeal

Summary

An unnamed 58-year-old man, convicted of raping and sexually assaulting his then-partner and her son, has appealed his conviction at the Court of Appeal. The defendant, who pleaded not guilty to all 61 charges and had no previous convictions, was found guilty by a jury at the Central Criminal Court. He was sentenced to 12 years for the rape of his partner, with concurrent sentences for other sexual assaults and child cruelty. The appeal, argued by Michael Bowman SC, contended that the trial judge should have discharged the jury after they were instructed to disregard evidence regarding a black eye mentioned by a witness. Counsel also challenged the admissibility of a photograph of the victim's injuries and argued the judge's corroboration warning was inadequate. The State, represented by Shane Costelloe SC, maintained the trial judge's rulings were correct and the jury was robust enough to follow directions. The three-judge court, led by Mr Justice John Edwards, reserved its judgment. The matter was adjourned, and the appeal remains pending.

Who, what, where, when and why

What: Report matter: 'Sick monster' appeals conviction for raping partner and her son. Charges or matters: all charges and had no previous convictions. Procedural stage: appeal. Findings: Found guilty

When:

Why: Counsel said the admissibility ruling allowing the photo into the trial "was flawed because of the possibility that the development or printing of the photo could have been fabricated or interfered with and it could not be excluded as it is a digitally stored image". CNI source report

Case subjects

Unnamed 58-year-old

Convicted Person

Charges: all charges and had no previous convictions (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; A "sick monster" who was jailed for 12 years for raping and sexually assaulting his then partner and her son has launched a bid to overturn his conviction, arguing that the trial jury should have been discharged. The judge imposed a headline sentence of 14 years on the most serious count of rape of the man's then partner, which he reduced to 12 years, taking mitigating factors into consideration.

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Read the original CNI report

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