Director of Public Prosecutions -v- B [2015] IECA 37 (11 February 2015)

Director of Public Prosecutions -v- B [2015] IECA 37 (11 February 2015)

The similarities in the complainants' accounts justified a joint trial; the trial judge properly exercised discretion in refusing severance and jury discharge; the amendment to the indictment regarding dates was proper; no warning regarding evidence of children was required as witnesses were adults; the original sentence breached the totality principle and was excessive, warranting reduction and partial suspension.

Citation
[2015] IECA 37
Parties
Prosecutor: Director of Public Prosecutions; Appellant: L. B.
Jurisdiction
Ireland
Judgment Date
11 February 2015
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Sexual Assault, Joint Trial, Severance of Indictment, Child Witness Evidence, Sentencing, Totality Principle
Criminal Law Sexual Assault Joint Trial Severance of Indictment Child Witness Evidence Sentencing Totality Principle

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

L. B.

Appellant

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether failure to sever the indictment was erroneous
  2. 2 Whether failure to discharge the jury was warranted
  3. 3 Whether amendment to indictment regarding dates was proper

Ratio Decidendi

The similarities in the complainants' accounts justified a joint trial; the trial judge properly exercised discretion in refusing severance and jury discharge; the amendment to the indictment regarding dates was proper; no warning regarding evidence of children was required as witnesses were adults; the original sentence breached the totality principle and was excessive, warranting reduction and partial suspension.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction affirmed
  • Sentence reduced from eight years to six years imprisonment