Sex assault conviction overturned after 'fairly sure' judge's charge

A man convicted of sexually assaulting his younger cousin over a four-year period has had his conviction overturned by the Court of Appeal and will face retrial. The 29-year-old, who cannot be identified to protect the complainant, was sentenced to five and a half years imprisonment following conviction on ten counts of sexual assault at Dublin Circuit Criminal Court. The alleged assaults occurred during a holiday in Leitrim and subsequently at a Dublin residence between 2007 and 2011, when the complainant was aged six to ten years old. The accused maintained his innocence throughout proceedings. In his judgement, Mr Justice Peter Charleton found that the trial judge's charge to the jury contained problematic language regarding the standard of proof beyond reasonable doubt. The judge's references to being "fairly sure" and a ruler analogy were deemed to have undermined an otherwise adequate instruction, potentially lowering the threshold for conviction. The Court of Appeal determined the conviction must be set aside. The matter is scheduled for mention at Dublin Circuit Criminal Court on 28 November 2025.