DPP -v- M.R. [2009] IECCA 87 (29 July 2009)

DPP -v- M.R. [2009] IECCA 87 (29 July 2009)

The conviction on Count No.1 was unsafe due to lack of particularisation and failure to direct the jury to be unanimous as to the act constituting the offence; the verdict was further compromised by pressure on a juror and the jury, creating a real likelihood of undue influence on deliberations.

Citation
[2009] IECCA 87
Parties
Prosecutor: Director of Public Prosecutions; Appellant: M. R.
Jurisdiction
Ireland
Judgment Date
29 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
convictions quashed, no retrial ordered
Legal Topics
Sexual Assault, Jury Unanimity, Jury Deliberation, Unsafe Conviction, Trial Procedure
Criminal Law Sexual Assault Jury Unanimity Jury Deliberation Unsafe Conviction Trial Procedure

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

M. R.

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred by failing to direct the jury to be unanimous as to the act constituting Count No.1
  2. 2 Whether the verdict was rendered unsatisfactory due to jury deliberation under pressure and separation of a juror
  3. 3 Whether prosecuting counsel's expression of opinion on complainant's truthfulness rendered the conviction unsafe

Ratio Decidendi

The conviction on Count No.1 was unsafe due to lack of particularisation and failure to direct the jury to be unanimous as to the act constituting the offence; the verdict was further compromised by pressure on a juror and the jury, creating a real likelihood of undue influence on deliberations.

Court Disposition

convictions quashed, no retrial ordered

Orders

  • Convictions quashed
  • No retrial ordered