Courts / Ireland / Report
Rapist claims shorter lunch breaks could have pressurised jury
Summary
A 26-year-old man, who cannot be named, has appealed his conviction for raping a vulnerable 17-year-old girl at a house party on New Year's Eve 2018. The appellant, a repeat offender, was found guilty by a 10-2 majority verdict of one count of rape and one count of sexual assault. He does not accept the verdict, arguing that the trial judge pressured the jury by suggesting shorter lunch breaks and refusing to inform them of their right to disagree, leaving them in "hurry up mode." Defence counsel also contended the judge erred by failing to recharge the jury on legal principles regarding reasonable doubt after a question about a doctor's report. The State rejected these arguments, noting the judge had emphatically explained the standard of proof. The three-judge Court of Appeal has reserved its judgment on the matter. At sentencing, Ms Justice Karen O'Connor described the man's conduct as predatory, noting he took advantage of the victim's intoxication and vulnerability. She handed him a sentence of eight years and three months, with the final nine months suspended on strict conditions, including 12 months of Probation Service supervision. The man has six previous convictions, including a 2019 guilty plea for sexual assault, which resulted in a five-month prison sentence later reduced on appeal to 120 hours of community service in lieu of a two-month prison term.
Who, what, where, when and why
What: Report matter: Rapist claims shorter lunch breaks could have pressurised jury. Procedural stage: appeal. Findings: Found guilty
When:
- December 31, 2018 Incident
- New Year's Eve Incident
- 2024-10-22 Publication
Why: In relation to the re-examination of a witness, Ms Lawlor said her the reason for her line of questioning was so that the jury would simply have "the full picture" because what they had been left with after cross-examination by the defence was "inaccurate" and an incomplete recitation of the man's engagement with the gardaí. Defence account reported by CNI
Case subjects
Appellant
Finding: Found guilty
Outcome: Found guilty; He received a five-month prison sentence, which was later reduced on appeal to 120 hours of community service in lieu of a two-month prison sentence. She handed the man a sentence of eight years and three months, with the final nine months suspended on strict conditions, including that he place himself under the supervision of the Probation Service for 12 months.
Places mentioned
- The Central Criminal Court
- Court of Appeal
Topics
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