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'Punishment beating' victim was 'in and out of consciousness' during garda statement, appeal told
Summary
The Court of Appeal has heard submissions in an appeal by Gerard Stokes and Samantha Campbell, who were convicted of seriously assaulting a woman, falsely imprisoning her, assaulting her friend, and aggravated burglary. The matter was adjourned as the court reserved judgment. Stokes, 44, received a 13-and-a-half-year sentence with two years suspended, while Campbell, 36, received a 12-year term with two years suspended. The victim, a grandmother in her 50s, lost an eye in the attack and now uses a prosthesis. Defence counsel Roderick O'Hanlon SC argued that the victim's hospital statement should not have gone before the jury because she was "in and out of consciousness" and "virtually asleep" during the reading back. He contended that medical evidence confirming her fitness to testify was absent, and that morphine may have still been administered. Counsel for the State, Timothy O'Leary SC, countered that a substantial voir dire took place and the circumstances were serious. The appeal centres on the admissibility of the statement, with the court hearing that the victim later sought to withdraw it due to memory loss. The procedural stage is an appeal, and the finalisation is an adjournment.
Who, what, where, when and why
What: Report matter: 'Punishment beating' victim was 'in and out of consciousness' during garda statement, appeal told. Charges or matters: carrying out the attack on the woman over an alleged missing drugs package. Procedural stage: appeal. Findings: Convicted
When:
- December 5, 2018 Incident
- 2025-11-20 Publication
Case subjects
Convicted Person
Charges: carrying out the attack on the woman over an alleged missing drugs package (Proven)
Finding: Convicted
Outcome: Convicted; Stokes received a 13-and-a-half-year sentence, with two years suspended, for seriously assaulting the victim, who lost an eye in the attack and now uses a prosthesis.
Convicted Person
Charges: carrying out the attack on the woman over an alleged missing drugs package (Proven)
Finding: Convicted
Outcome: Convicted
Places mentioned
- Court of Appeal
- Dundalk
- Dundalk Circuit Court
- Waterville
- Waterville Crescent
Topics
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