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...
Source-derived case information.
- 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
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Summary, issues, holding and outcome
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Parties
The Director of Public Prosecutions
Respondent
T. Q.
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge adequately charged the jury regarding the grant of immunity to key witnesses
- 2 Whether the trial judge adequately warned the jury regarding the credibility of the complainant and his mother
- 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
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