Courts / Donegal / Report
Court rejects abuser's claim that jury verdict was "perverse"
Summary
A man in his sixties, convicted of sexually assaulting and raping his grand-niece on multiple occasions between 1992 and 1994 at locations in counties Donegal and Dublin, has failed in his appeal against conviction at the Court of Appeal. The appellant, whose identity is protected to safeguard the victim's privacy, was sentenced to seven years imprisonment in May 2017 following his trial at the Central Criminal Court. He sought to overturn the jury's guilty verdict on grounds that it was perverse and contrary to the weight of evidence. Mr Justice George Birmingham, sitting with two fellow judges, rejected the appeal, finding no circumstances warranted intervention with the jury's decision. The court noted that no application for a directed acquittal had been made during trial, indicating the defence accepted the matter warranted jury consideration. The judges were satisfied the verdict stood and found no fault with the trial judge's directions to the jury. The unnamed 66-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Court rejects abuser's claim that jury verdict was "perverse". Charges or matters: three counts of sexual assault and two counts of rape between November 1992 and December 1994 at locations in counties Donegal and Dublin. Procedural stage: appeal. Findings: Found guilty
When:
- November 1992 Incident
- December 1994 Incident
- May 19, 2017 Hearing Or Sentence
- 2018-03-06 Publication
Why: Dismissing the appeal, Mr Justice George Birmingham said it was hard to imagine the circumstances in which an appeal court would intervene with a jury verdict because it disagreed with the decision. CNI source report
Case subjects
Appellant
Charges: three counts of sexual assault and two counts of rape between November 1992 and December 1994 at locations in counties Donegal and Dublin (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; A man jailed for abusing his grand-niece 25 years ago has lost an appeal against his conviction in which he sought to have the jury's verdict overturned on grounds that it was perverse and against the weight of evidence. He was found guilty by a jury at the Central Criminal Court and sentenced to seven years imprisonment by Ms Justice Margaret Heneghan on May 19, 2017.
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Topics
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