Director of Public Prosecutions -v- W.T. [2015] IECA 140 (27 March 2015)

Director of Public Prosecutions -v- W.T. [2015] IECA 140 (27 March 2015)

The Court held that the alleged prejudice from the absence of fire records and the deaths of the appellant’s father and sister was speculative and unsupported by evidence. There was no real possibility that the missing evidence would have materially assisted the defence. The trial judge was correct to allow the trial to proceed, and the appeal against conviction was dismissed.

Citation
[2015] IECA 140
Parties
Prosecutor: Director of Public Prosecutions; Appellant: W. T.
Jurisdiction
Ireland
Judgment Date
27 March 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Assault, Delay in Prosecution, Prejudice Due to Delay, Fair Trial Rights
Criminal Law Sexual Assault Delay in Prosecution Prejudice Due to Delay Fair Trial Rights

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

W. T.

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the delay in prosecution caused specific prejudice to the appellant justifying prohibition of trial or quashing of conviction

Ratio Decidendi

The Court held that the alleged prejudice from the absence of fire records and the deaths of the appellant’s father and sister was speculative and unsupported by evidence. There was no real possibility that the missing evidence would have materially assisted the defence. The trial judge was correct to allow the trial to proceed, and the appeal against conviction was dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction affirmed