Director of Public Prosecutions -v- Adach [2012] IECCA 94 (30 March 2011)

Director of Public Prosecutions -v- Adach [2012] IECCA 94 (30 March 2011)

The trial judge's references to the undesirability of a disagreement, the burden on a second jury, implications for public resources and costs, and stress for the complainant and accused were extraneous to the jury's task and constituted improper pressure. Given the prevailing public financial crisis and the judge's position of authority, there was a reasonable possibility that these remarks influenced one or more jurors, compromising the freedom of their deliberations. The verdict was therefore unsafe and must be set aside.

Citation
[2012] IECCA 94
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: Rafal Adach
Jurisdiction
Ireland
Judgment Date
30 March 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction set aside; leave to appeal allowed
Legal Topics
Jury Directions, Majority Verdicts, Improper Pressure on Jury, Rape, Consent
Criminal Law Jury Directions Majority Verdicts Improper Pressure on Jury Rape Consent

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Rafal Adach

Accused/appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge's directions to the jury regarding the undesirability of a disagreement and references to public resources, costs, and stress constituted improper pressure, rendering the verdict unsafe.

Ratio Decidendi

The trial judge's references to the undesirability of a disagreement, the burden on a second jury, implications for public resources and costs, and stress for the complainant and accused were extraneous to the jury's task and constituted improper pressure. Given the prevailing public financial crisis and the judge's position of authority, there was a reasonable possibility that these remarks influenced one or more jurors, compromising the freedom of their deliberations. The verdict was therefore unsafe and must be set aside.

Court Disposition

conviction set aside; leave to appeal allowed

Orders

  • Leave to appeal against conviction allowed.
  • Verdict set aside.