Director of Public Prosecutions -v- Mansour [2015] IECA 213 (09 June 2015)

Director of Public Prosecutions -v- Mansour [2015] IECA 213 (09 June 2015)

Reference to the threat was part of the res gestae of the incident and did not cause prejudice or unfairness to the appellant; the trial judge was within his rights to refuse the application to discharge the jury.

Citation
[2015] IECA 213
Parties
Prosecution: Director of Public Prosecutions; Appellant: Samir Mansour
Jurisdiction
Ireland
Judgment Date
09 June 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Rape, Jury Discharge, Prejudice, Res Gestae
Criminal Law Rape Jury Discharge Prejudice Res Gestae

Case Brief

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Parties

Director of Public Prosecutions

Prosecution

Samir Mansour

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to discharge the jury after the complainant gave evidence referencing a threat by the accused, following prior acquittals on related counts.

Ratio Decidendi

Reference to the threat was part of the res gestae of the incident and did not cause prejudice or unfairness to the appellant; the trial judge was within his rights to refuse the application to discharge the jury.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.