Trial judge was well within his discretion in deciding not to give a corroboration warning

Ní Raifeartaigh J: Criminal Law – appellant convicted of three counts of sexual assault – appeal against conviction – child complainant who alleged that the appellant, who is her grandfather, committed the offences when she would stay overnight with the appellant and his wife – mother of the complainant gave evidence recalling the complainant staying over at the appellant’s place – whether the judge erred in not giving a corroboration warning – whether the judge erred in fact and/or in law in failing to give any direction to the jury in relation to how, as a matter of law, the evidence of the complainant should be treated considering her young age – whether the trial judge erred in fact and/or in law in directing the jury to disregard the submission in respect of the case of DPP v. Feichín Hannon – whether the judge erred in failing to grant a direction in circumstances where the Gardaí failed to take a statement from a particular individual, P, as part of their investigation – there was no real risk of an unfair trial by reason of the fact that no statement had been taken from P – there was nothing particularly vague or unusual in any respect about the complainant’s evidence in the present case, based on the Court’s collective experience of the evidence of child complainants – nothing wrong with what the trial judge did say and his subsequent refusal of the requisition in question – the judge was doing nothing more than reminding the jury that they should concentrate on the case before them in reaching their decision and thinking about other cases would not be particularly helpful for them in this task – appeal dismissed.