C.W v The Minister for Justice, Ireland and the Attorney General and the Director of Public Prosecutions (Approved) [2023] IESC 22 (28 August 2023)

C.W v The Minister for Justice, Ireland and the Attorney General and the Director of Public Prosecutions (Approved) [2023] IESC 22 (28 August 2023)

Section 3(5) of the Criminal Law (Sexual Offences) Act 2006, as amended, is unconstitutional because it imposes a burden on the accused to prove on the balance of probabilities a core element of the offence (mistaken belief as to age), thereby infringing the presumption of innocence and the right to a trial in due course of law under Article 38 of the Constitution.

Citation
[2023] IESC 22
Parties
Plaintiff/respondent: C. W.; Respondents/appellants: The Minister for Justice, Ireland, the Attorney General and the Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
28 August 2023
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court declaration of unconstitutionality upheld.
Legal Topics
Burden of Proof, Presumption of Innocence, Mens Rea, Reverse Onus, Sexual Offences, Due Process
Criminal Law Constitutional Law Burden of Proof Presumption of Innocence Mens Rea Reverse Onus Sexual Offences Due Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C. W.

Plaintiff/respondent

The Minister for Justice, Ireland, the Attorney General and the Director of Public Prosecutions

Respondents/appellants

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether s.3(5) of the Criminal Law (Sexual Offences) Act 2006 (as substituted by s.17 of the 2017 Act) is unconstitutional for requiring the accused to prove mistaken belief as to age on the balance of probabilities
  2. 2 Whether imposing a reverse burden on the accused in relation to a core element of the offence violates Article 38 of the Constitution

Ratio Decidendi

Section 3(5) of the Criminal Law (Sexual Offences) Act 2006, as amended, is unconstitutional because it imposes a burden on the accused to prove on the balance of probabilities a core element of the offence (mistaken belief as to age), thereby infringing the presumption of innocence and the right to a trial in due course of law under Article 38 of the Constitution.

Court Disposition

Appeal dismissed; High Court declaration of unconstitutionality upheld.

Orders

  • Section 3(5) of the Criminal Law (Sexual Offences) Act 2006 (as substituted by s.17 of the 2017 Act) declared unconstitutional and invalid.