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Rape conviction quashed after judge failed to warn jury of 'conflicting' evidence
Summary
A 28-year-old man's rape conviction was quashed by the Court of Appeal due to the trial judge failing to warn the jury about conflicting evidence. The complainant initially told friends that a different man had sex with her, but the trial judge did not address this in his instructions to the jury. The defendant was found guilty of two counts of rape and one of sexual assault, but the appeal court ruled that the conviction should be overturned. The court noted that the complainant's evidence was inconsistent and that the jury should have been warned about the conflicting accounts. The appeal court emphasized the importance of ensuring that juries are properly instructed on the need for corroboration in cases with conflicting evidence. The defendant was remanded in custody to appear before the Central Criminal Court.
Who, what, where, when and why
What: Report matter: Rape conviction quashed after judge failed to warn jury of 'conflicting' evidence. Charges or matters: two counts of rape and one count of sexual assault at an apartment on Middle Abbey Street, Dublin 1, on February 15, 2018. Procedural stage: appeal. Findings: Found guilty
When:
- February 15, 2018 Incident
- 2026-06-04 Publication
Case subjects
Appellant
Charges: two counts of rape and one count of sexual assault at an apartment on Middle Abbey Street, Dublin 1, on February 15, 2018 (Proven)
Finding: Found guilty
Outcome: Found guilty; Mr Justice David Keane sentenced him to eight and a half years in prison.; The appellant was remanded in custody to appear tomorrow before the Central Criminal Court.
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