Courts / Ireland / Report

Conviction for breaching safety order overturned after judge finds evidence not up to standard

Summary

An unnamed man had his conviction for breaching a safety order overturned on appeal by the District Court Appeals Court. The appellant, who was originally convicted in the District Court on May 24, 2023, under section 33(1) of the Domestic Violence Act 2018, was fined €500 before lodging the appeal. The case involved allegations that he threatened his ex-partner during a child access collection. While the complainant and a prosecution witness testified that the man used threatening language, the appellant denied using such words, stating he was merely discussing the child's confusion. Defence counsel argued the evidence did not meet the criminal standard, highlighting conflicting accounts. Judge Gerard Meehan allowed the appeal, finding that the court could not be satisfied beyond doubt that the alleged words were used. The judge concluded that the evidence did not reach the criminal standard required for a conviction, resulting in the conviction being overturned.

Who, what, where, when and why

What: Report matter: Conviction for breaching safety order overturned after judge finds evidence not up to standard. Charges or matters: breaching a safety order after it was alleged he threatened his ex-partner has had his conviction overturned on appeal, after a judge found that the evidence did not reach the criminal standard. Procedural stage: appeal. Findings: Convicted

When:

• May 24, 2023 Hearing Or Sentence
• 2026-02-17 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report