DPP -v- T.C. [2009] IECCA 63 (23 June 2009)

DPP -v- T.C. [2009] IECCA 63 (23 June 2009)

The non-disclosure of a complainant's previous sexual abuse constituted new evidence that, if known, could have materially affected the conduct of the defence and the jury's consideration of guilt, especially given the majority verdicts. This created a real risk to the fairness of the trial and breached the applicant's right to trial in due course of law. The convictions were therefore unsafe and must be quashed.

Citation
[2009] IECCA 63
Parties
Prosecutor: Director of Public Prosecutions; Applicant: T. C.
Jurisdiction
Ireland
Judgment Date
23 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed; convictions quashed; retrial ordered
Legal Topics
Sexual Offences, Rape, Sexual Assault, Fair Trial, Disclosure, Severance of Indictment
Criminal Law Sexual Offences Rape Sexual Assault Fair Trial Disclosure Severance of Indictment

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Parties

Director of Public Prosecutions

Prosecutor

T. C.

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether non-disclosure of previous sexual abuse of a complainant rendered the trial unfair
  2. 2 Whether failure to sever the indictment prejudiced the applicant's defence

Ratio Decidendi

The non-disclosure of a complainant's previous sexual abuse constituted new evidence that, if known, could have materially affected the conduct of the defence and the jury's consideration of guilt, especially given the majority verdicts. This created a real risk to the fairness of the trial and breached the applicant's right to trial in due course of law. The convictions were therefore unsafe and must be quashed.

Court Disposition

appeal allowed; convictions quashed; retrial ordered

Orders

  • Convictions quashed
  • Director of Public Prosecutions may proceed with a retrial