Case No. 23635Rape · Co. Wicklow · 4 Dec 2015

Wicklow man's rape conviction appeal dismissed by Court of Appeal

The Court of Appeal in Dublin dismissed a bid by a 64-year-old Wicklow man, convicted of raping his former partner in December 2015, to introduce new evidence about phone activity on the night of the attack. The three-judge court found it was unclear whether the digital entries were user-generated or background functions.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court9 Dec
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
13 statements extracted from the articles
  • whatThe man was convicted by a jury of a single count of rape in Co Wicklow on 5 November 2015. (kildarenow.com)
  • whatThe man's legal team claimed two new digital artefacts relating to a Google Play app and a Kindle app were discovered on the complainant's phone log. (kildarenow.com)
  • whatThe man told gardaí he had consensual sex with the woman shortly after arriving at the address at 3.25am. (kildarenow.com)
  • whenThe Google Play app activity occurred at 3.51am, immediately after the alleged rape. (kildarenow.com)
  • whenThe man sent the woman a text on 4 December 2015 about wanting to talk. (kildarenow.com)
  • courtThe Court of Appeal in Dublin rejected the man's bid to introduce new evidence. (kildarenow.com)
  • courtMr Justice Patrick McCarthy delivered the court's judgement dismissing the motion. (kildarenow.com)
  • sentenceMs Justice Carmel Stewart imposed a seven-year sentence with the final 18 months suspended at the Central Criminal Court in February 2019. (kildarenow.com)
  • otherThe man had denied the charge and had no previous convictions. (kildarenow.com)
  • otherThe court found it was unclear whether the digital entries were generated by the phone's user or were background functions. (kildarenow.com)
  • otherThe man and woman had lived at the same address. (kildarenow.com)
  • otherThe woman said she froze but shook her head from side to side during the attack. (kildarenow.com)
  • otherThe woman said her thoughts are consumed by the rape and she had been prescribed medication to help her cope. (kildarenow.com)

The reporting

newest first
  1. 9 Dec2022
    Wicklow man who raped his former partner fails in bid to introduce new evidence

    Reports the Court of Appeal dismissing the convicted man's application to introduce fresh phone-forensic evidence in his 2015 rape conviction, and provides further trial detail including the victim's account and sentencing remarks.

    victim, femaleconvicted, 64, male