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.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court9 Dec
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports13 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- 9 Dec2022Wicklow 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