Father’s sexual assault conviction quashed on appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal quashed a father’s conviction for sexually assaulting his nine-year-old daughter in a judgment delivered on 12 May 2022. The proceedings were reported on 12 May 2022.

The man had pleaded not guilty to sexually assaulting the girl at their home between 1 January and 30 April 2017. A jury at Dublin Circuit Criminal Court convicted him, and Judge Elma Sheahan sentenced him to three years and four months’ imprisonment.

The trial heard that the girl said she woke to find her father had put his hands down the front and back of her bottoms and touched her. When questioned, the man said he did not remember anything happening. His defence said he maintained that he had not acted intentionally.

On appeal, his lawyers argued that an intention to assault had not been established. Mr Justice George Birmingham said the jury needed additional assistance with the evidence about whether the man was awake or asleep, leaving doubt about the safety of the verdict.

The court dismissed a separate appeal ground concerning corroboration. Mr Justice Birmingham said the trial judge had explained corroboration and effectively told the jury there was none.

After the judgment, Kate Egan BL, for the Director of Public Prosecutions, sought time for the State to consider its position. The case was adjourned for one week and the man was remanded on bail on condition that he not contact the complainant.