Case No. 6716Rape · 7 Nov 2018

Man's rape conviction quashed over trial judge's comments on right to silence

A 28-year-old man was charged with a single count of rape of a woman described as his best friend, relating to November 7th, 2018, and pleaded not guilty. A jury convicted him in November 2021, and Ms Justice Deirdre Murphy sentenced him in May 2022 to seven years, with the final three and a half years suspended. He appealed, and in January 2024 the Court of Appeal quashed the conviction over the trial judge's comments to the jury on the right to silence during garda interviews. The Court of Appeal adjourned the matter to February 16th to hear submissions on any retrial.

  1. Reported
  2. Arrested
  3. Charged
  4. In court
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • A 28-year-old man was charged with a single count of rape of a woman described as his best friend.
  • The Court of Appeal quashed the man's rape conviction.
When
The alleged rape relates to November 7th, 2018.
Charges
The man pleaded not guilty to the charge of rape.
In court
  • A jury convicted the man in November 2021.
  • The Court of Appeal adjourned the matter to February 16th to hear submissions on any retrial.
Sentence
Ms Justice Deirdre Murphy sentenced the man in May 2022 to seven years, with the final three and a half years suspended.
Where
The man's sentencing hearing was held at the Central Criminal Court.
Other details
  • The man appealed the conviction.
  • The man accepted the woman had not consented but said he did not know this at the time.
  • The woman told the man, "No, I don't want that."
Cause
The appeal concerned the trial judge's comments to the jury on the right to silence during garda interviews.
12 statements extracted from the articles
  • whatThe Court of Appeal quashed the man's rape conviction. (irishtimes.com)
  • whenThe alleged rape relates to 7 November 2018. (irishtimes.com)
  • causeThe appeal concerned the trial judge's comments to the jury on the right to silence during garda interviews. (irishtimes.com)
  • chargeThe man was charged with a single count of rape. (irishtimes.com)
  • courtThe man pleaded not guilty to the charge. (irishtimes.com)
  • courtA jury convicted the man in November 2021. (irishtimes.com)
  • sentenceHe was sentenced to seven years, with the final three and a half years suspended, in May 2022. (irishtimes.com)
  • otherThe man appealed the conviction. (irishtimes.com)
  • otherThe complainant was the man's best friend. (irishtimes.com)
  • otherThe woman told the man, "No, I don't want that." (irishtimes.com)
  • otherThe man accepted the woman had not consented but said he did not know this at the time. (irishtimes.com)
  • otherThe Court of Appeal adjourned the matter to February 16th to hear submissions on any retrial. (irishtimes.com)

The reporting

newest first
  1. 22 Jan2024
    Man jailed for rape of ‘best friend’ has conviction quashed over judge’s comments about right to silence

    Reports the Court of Appeal's decision to quash the conviction after an appeal against the jury verdict and sentence. The court adjourned the matter to February 16th to hear submissions on any retrial.

    convicted, 28, malevictim, female