How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10277
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now

A family member has be convicted of sexually assaulting a young

Resolved Question:

A family member has be convicted of sexually assaulting a young girl when she was 7 years old she is now 20 years old.
The thing is there where three charges against him but two were dropped and we are all confused of the fact the ones that were dropped were the ones he was with the girl on her own at the time but the third one, in which he had a withness for he got convicted on.
On the first day of the trial the jury that was picked came along after lunch and said they felt intimidated and they where excused and a new jury picked the following day and two people were told to leave the court and that they could not be in the court room for the rest of the trial. The judge told the family members legal team that on of the persons was cocky and had no nerve the person he was talking about was the whitness.
The family member is no on remand and awaiting to be sentenced. Is this case worth appealing. I would like some advice on this please. I reside in Ireland.
Thank you.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. From the basis facts you outline, this case definitely appears worth appealing as the evidence backing up the conviction appears weak. However, without knowing what went on in the jury room, it appears as if the jury just did not believe this ostensible independent witness and took the view that he was not credible and in fact what was going on was that some concealment of the offence was occurring. It is an open question whether on appeal, the judges hearing the appeal would take a similar view or whether they would believe this witness. However, it is certainly a strong point of appeal and should be vigorously pursued. Additionally, the point relating to the lapse of time and whether this prejudiced the defence should also be pursued as this would also appear to be a strong point, particularly if the family member can point to some prejudice in defending himself due to the lapse of time. Finally, the case should also be made on appeal that the comments of the judge in relation to the witness prejudiced the jury in their deliberations and should not have been made to the defendant's legal team. As a result, there are at least three good legal points on which to make an appeal. So an appeal should definitely be pursued.

Buachaill, Barrister
Satisfied Customers: 10277
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Buachaill

    Buachaill

    Barrister

    Satisfied Customers:

    2746
    Barrister 17 years experience
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    2746
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.
 
 
 

Related Republic of Ireland Law Questions