Ireland Supreme Court reserves decision on 'reasonably mistaken' defence in sexual act with minor case
The Supreme Court reserved its decision in the State's appeal concerning whether the prosecution must prove the accused had a guilty mind regarding the age of a child in a sexual act case. The High Court had previously struck down a section of the 2006 Criminal Law (Sexual Offences) Act that required the accused to prove reasonable mistake on the balance of probabilities.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court8 Mar
- Verdict
- Sentenced
Key facts
consolidated from all reports7 statements extracted from the articles
- whatThe man was 19 years and four months old at the time of the offence. (irishtimes.com)
- whatThe complainant was 15 years and 10 months old at the time of the offence. (irishtimes.com)
- whenThe events giving rise to the criminal trial took place about five years before the Supreme Court hearing. (irishtimes.com)
- chargeThe plaintiff was convicted of engaging in a sexual act with a person under the age of 17. (irishtimes.com)
- courtMs Justice Siobhán Stack ruled it was unconstitutional to impose more than an evidential burden on the accused for a core element of the offence. (irishtimes.com)
- courtThe case was heard by a seven-judge Supreme Court panel. (irishtimes.com)
- sentenceThe plaintiff was sentenced to one year and 10 months in prison. (irishtimes.com)
The reporting
newest first- 8 Mar2023Court reserves decision in case considering ‘reasonably mistaken’ defence in sexual act with minor
The Supreme Court reserved its decision in the State's appeal on whether the prosecution must prove the accused's mental state regarding the child's age beyond a reasonable doubt, or whether the accused must prove reasonable mistake on the balance of probabilities. The High Court had previously struck down the relevant section of the 2006 Criminal Law (Sexual Offences) Act as unconstitutional.
convicted, 19, malevictim, 15