Director of Public Prosecutions v O'Brien (Approved) [2022] IECA 306 (11 November 2022)

Director of Public Prosecutions v O'Brien (Approved) [2022] IECA 306 (11 November 2022)

There was sufficient evidence from which the jury could infer absence of consent as an objective fact, based on the complainant's actions, gestures, and the surrounding circumstances. The trial judge did not err in refusing to direct an acquittal. The jury's verdict was not perverse as it is rational for a jury to convict one accused and acquit another based on the evidence and credibility assessments, even if the alleged acts were simultaneous.

Citation
[2022] IECA 306
Parties
Respondent: Director of Public Prosecutions; Appellant: Liam O'Brien
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Consent, Jury Directions, Perversity of Verdict
Criminal Law Rape Consent Jury Directions Perversity of Verdict

Case Brief

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Parties

Director of Public Prosecutions

Respondent

Liam O'Brien

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to direct an acquittal due to lack of evidence of absence of consent
  2. 2 Whether the jury's verdict was perverse given the acquittal of the co-accused

Ratio Decidendi

There was sufficient evidence from which the jury could infer absence of consent as an objective fact, based on the complainant's actions, gestures, and the surrounding circumstances. The trial judge did not err in refusing to direct an acquittal. The jury's verdict was not perverse as it is rational for a jury to convict one accused and acquit another based on the evidence and credibility assessments, even if the alleged acts were simultaneous.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed