D.P.P.-v- TO'R [2008] IECCA 38 (14 March 2008)

D.P.P.-v- TO'R [2008] IECCA 38 (14 March 2008)

The trial judge correctly exercised discretion in admitting or excluding evidence, properly instructed the jury on corroboration and standard of proof, and any omissions in jury directions did not result in a miscarriage of justice. No grounds for appeal were established.

Citation
[2008] IECCA 38
Parties
Prosecutor: Director of Public Prosecutions; Applicant: TO'R (Thomas O'Regan)
Jurisdiction
Ireland
Judgment Date
14 March 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal against conviction refused; appeal dismissed.
Legal Topics
Rape, Admissibility of Evidence, Jury Directions, Corroboration, Standard of Proof, Appeals
Criminal Law Rape Admissibility of Evidence Jury Directions Corroboration Standard of Proof Appeals

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Parties

Director of Public Prosecutions

Prosecutor

TO'R (Thomas O'Regan)

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial was unsatisfactory and the verdict unsafe due to the jury not hearing certain evidence
  2. 2 Whether the trial judge erred in admitting or excluding evidence of complaint
  3. 3 Whether the trial judge failed to adequately warn the jury regarding corroboration

Ratio Decidendi

The trial judge correctly exercised discretion in admitting or excluding evidence, properly instructed the jury on corroboration and standard of proof, and any omissions in jury directions did not result in a miscarriage of justice. No grounds for appeal were established.

Court Disposition

Leave to appeal against conviction refused; appeal dismissed.

Orders

  • Application for leave to appeal treated as the hearing of the appeal and dismissed.