The Court of Appeal has dismissed Gerard O’Brien’s appeal against convictions for eight sexual assaults and one attempted rape involving six male complainants.
O’Brien was convicted by a Central Criminal Court jury on 22 December 2023 following a prosecution concerning alleged offending between 1991 and 1997. At the time of the offences he was a secondary school teacher, and four of the complainants had been students at the school where he taught.
He received a cumulative six-year prison sentence, with the final 21 months suspended. His appeal challenged several aspects of the trial, including the judge’s charge to the jury, directions on lies and consent, the warning given about delay, the admission of earlier complaint evidence and the refusal to split the indictment into separate trials.
The Court of Appeal rejected the argument that the jury charge was unfairly weighted against the defence. It found that the trial judge had repeatedly made clear that factual decisions were for the jury and that guilt had to be proved beyond reasonable doubt on each charge.
The court also upheld the direction that recklessness as to whether a complainant was consenting can satisfy the mental element of sexual assault. It found that this was consistent with existing case law and with the approach to consent in rape offences.
O’Brien also argued that the warning concerning the long delay between the alleged offences and trial was inadequate. The appeal court disagreed, holding that the jury had been properly told to take special care because memories may deteriorate and evidence or witnesses may no longer be available.
Challenges to complaint evidence from witnesses who had been told about alleged incidents were also rejected, as was the argument that having six complainants on one indictment was inherently prejudicial.
As none of the grounds succeeded, the Court of Appeal dismissed the conviction appeal.