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No justification for delay in filing appeal against sexual assault and rape conviction
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The Supreme Court has affirmed the decision of the Court of Appeal to deny an extension of time for an appellant to lodge an appeal against his conviction for sexual assault and rape. The appellant, convicted in the Central Criminal Court and represented by a new legal team, failed to provide sufficient grounds for appeal within the prescribed time and sought access to the full trial transcript to formulate his appeal. The Court of Appeal had provided a partial transcript but ultimately dismissed the application due to the appellant's inability to establish substantial grounds. The Supreme Court, considering the totality of the case, found no justification for the delay in filing the appeal and determined that the proposed issues for appeal lacked substance, thereby dismissing the appeal.
Supreme Court, Court of Appeal, Central Criminal Court, sexual assault, rape, conviction, appeal, extension of time, trial transcript, grounds of appeal, delay, miscarriage of justice, justice of the case, victim's rights, finality, corroboration, credibility, inconsistency in evidence, direction application, safety of convictions, Criminal Law (Rape) (Amendment) Act, 1990, Rules of the Superior Courts (RSC), People (DPP) v Kelly [1982] I.R. 90, People (DPP) v Cronin [2003] 3 I.R. 377, R. v. Galbraith [1981] 1 W.L.R. 1039.
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.
