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The Court of Appeal has dismissed an appeal against a conviction for multiple counts of sexual assault, including anal and oral rape, affirming the decision of the original court. The appellant's primary contentions were that the trial judge improperly directed the jury regarding evidence of earlier complaint and that proceeding to a fifth trial constituted an abuse of process. The Court found that the trial judge had adequately directed the jury on the onus and standard of proof, and that the appellant's right to a fair trial was not compromised by the multiple retrials.
sexual assault, anal rape, oral rape, Criminal Law (Rape) (Amendment) Act 1990, appeal, conviction, fair trial, abuse of process, corroboration warning, recent fabrication, jury direction, multiple retrials, Bunreacht na hEireann (Constitution of Ireland), European Convention on Human Rights (ECHR), European Charter on Fundamental Rights, Director of Public Prosecutions (DPP), European Convention on Human Rights Act 2003, presumption of innocence, standard of proof.
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.
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