Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal and quashes conviction for sexual assault, on the grounds that: (a) the state of mind of the complainant during an alleged offence as to the circumstances is not a relevant consideration for a jury in determining whether an offence has been proved beyond reasonable doubt; (b) accordingly, whilst the trial judge correctly advised the jury that they should take into account all the evidence and the surrounding circumstances, he erred in his charge in advising the jury that they could take into account, albeit “only to some degree”, the belief of the complainant; and (c) while the circumstances of the incident were capable of being regarded as indecent by a properly directed jury, the judge's instruction to the jury was an error in principle, and the conviction should be quashed.
Appeal against conviction for sexual assault - no appeal against conviction for burglary arising out of same events - complainant asleep in her apartment and woken by appellant - complainant's belief that appellant intended to rape her - whether complainant's state of mind relevant - whether trial judge erred in his charge to the jury in that regard
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now