The Court of Appeal has upheld George Arundel’s convictions and concurrent 10-year prison sentences arising from the detention and sexual assault of a woman on May 23, 2011.
Arundel was convicted after a 12-day Central Criminal Court trial of attempted rape, sexual assault, rape under section 4 and false imprisonment. The jury returned unanimous verdicts on three counts and a 10-2 majority verdict on the section 4 rape count.
The complainant, identified as J.N., said she had gone to an off-licence at about 9.15pm and was later grabbed from behind and dragged through a gap into an adjacent field. She gave evidence that she was repeatedly prevented from escaping and subjected to sexual violence before eventually getting away and seeking help at a nearby premises.
Medical evidence showed multiple bruises. Semen found on her vulva and abdomen was later matched by DNA analysis to Arundel.
Arundel challenged his convictions solely on the basis that the jury’s verdicts were against the weight of the evidence and therefore perverse. His appeal relied on alleged inconsistencies concerning matters including the precise route into the field, whether the complainant returned to the scene with Gardaí, her attempts to escape and details of what each person was carrying.
The Court of Appeal rejected that argument. It found substantial consistency in the complainant’s account and held that any remaining discrepancies were for the jury to assess. The court stressed that overturning a jury verdict as perverse is an exceptional step requiring a very high threshold.
The sentence appeal was also dismissed. The trial judge had been entitled to impose immediate and substantial custody and to regard the practical mitigating effect of the matters advanced on Arundel’s behalf as slight.
The concurrent 10-year sentences therefore remain in place, together with 18 months of post-release supervision and the application of the Sex Offenders Act 2001.