Director of Public Prosecutions v A.E. (Approved) [2022] IECA 152 (20 June 2022)
The Court found that the evidence was sufficient for the jury to consider and that any vagueness or weaknesses were matters for the jury. The admissions in the memorandum of interview were not obtained by inducement, as the trial judge was satisfied beyond reasonable doubt that no promise or threat was made. The trial judge acted properly in refusing to direct acquittal, admitting the interview, and in relation to the jury’s request.
- Citation
- [2022] IECA 152
- Parties
- Respondent: Director of Public Prosecutions; Appellant: A. E.
- Jurisdiction
- Ireland
- Judgment Date
- 20 June 2022
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Assault Causing Harm, Admissibility of Confession, Inducement, Jury Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Respondent
A. E.
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge erred in refusing to direct acquittal on all counts
- 2 Whether the trial judge erred in admitting the memorandum of interview of the accused
- 3 Whether the trial judge erred in failing to accede to the jury’s request to re-hear the closing speech of defence counsel
Ratio Decidendi
The Court found that the evidence was sufficient for the jury to consider and that any vagueness or weaknesses were matters for the jury. The admissions in the memorandum of interview were not obtained by inducement, as the trial judge was satisfied beyond reasonable doubt that no promise or threat was made. The trial judge acted properly in refusing to direct acquittal, admitting the interview, and in relation to the jury’s request.
Court Disposition
appeal dismissed
Orders
- Conviction affirmed
- No retrial ordered
Full Case Text
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