Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Conviction for sexual offences and burglary was safe
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against conviction for sexual offences and burglary, on the grounds that there had been no reasons put forward to have any doubt about the fairness of the trial or the safety of the verdict.
Appeal against conviction for s. 4 rape, aggravated sexual assault and burglary - appellant was stranger to complainant and attacked her in her home - traced by way of DNA evidence from cigarette and swabs of semen - appellant had left the State for Lithuania - DNA sample acquired through mutual assistance scheme in Lithuania - appellant subsequently surrendered to the State pursuant to a European Arrest Warrant and cautioned at Finglas Garda Station - voir dire at trial as to whether or not the DNA sample was admissible - whether trial judge erred in ruling the sample admissible where the procedure followed did not accord with the law in this jurisdiction - whether trial judge erred in ruling that the appellant's response following his caution was admissible despite breach of Judges' Rules.
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.
