Director of Public Prosecution -v- T.Q. [2015] IECA 163 (10 July 2015)

Director of Public Prosecution -v- T.Q. [2015] IECA 163 (10 July 2015)

The trial judge's charge to the jury regarding the grants of immunity was clear and unambiguous, and the jury was properly instructed to consider whether the immunities influenced the witnesses' credibility. No fundamental injustice was demonstrated, and the failure to raise certain points at trial precluded their...

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Citation
[2015] IECA 163
Parties
Respondent: The Director of Public Prosecutions; Appellant: T. Q.
Jurisdiction
Ireland
Judgment Date
10 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction dismissed
Legal Topics
Rape, Sexual Assault, Immunity From Prosecution, Jury Directions, Witness Credibility
Criminal Law Rape Sexual Assault Immunity From Prosecution Jury Directions Witness Credibility

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Parties

The Director of Public Prosecutions

Respondent

T. Q.

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

  1. 1 Whether the trial judge adequately charged the jury regarding the grant of immunity to key witnesses
  2. 2 Whether the trial judge adequately warned the jury regarding the credibility of the complainant and his mother
  3. 3 Whether the trial judge adequately charged the jury on corroboration and protected witness evidence

Ratio Decidendi

The trial judge's charge to the jury regarding the grants of immunity was clear and unambiguous, and the jury was properly instructed to consider whether the immunities influenced the witnesses' credibility. No fundamental injustice was demonstrated, and the failure to raise certain points at trial precluded their consideration on appeal.

Court Disposition

Appeal against conviction dismissed