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 |
High Court refuses an application to prohibit a retrial on a charge of sexual assault, where the applicant was previously acquitted on five related charges. The court found no inevitable unfairness in the retrial and emphasised that the retrial respects the original jury's decision, which could not reach a verdict on the sixth count. The court also highlighted the availability of an alternative remedy, allowing the applicant to address any concerns of unfairness directly to the trial judge during the retrial.
Sexual assault, retrial, jury acquittal, judicial review, constitutional rights, fair trial, mens rea, consent, Criminal Law (Rape)(Amendment) Act 1990, PO’C v DPP, prosecutorial discretion, trial judge, alternative remedy, fairness of trial, jury disagreement, burden of proof, constitutional guarantee, Article 38.1 of the Constitution.
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