People (Attorney General) v Quinn
Jurisdiction | Ireland |
Judgment Date | 01 January 1955 |
Date | 01 January 1955 |
Court | Court of Criminal Appeal |
Charge of unlawful carnal knowledge of girl between ages of fifteen and seventeen years - Prosecutrix pregnant when accused charged by Gardai - Whether any onus on defence to make suggestion to prosecutrix that she had had intercourse with any man other than accused - Omission by defence to make such suggestion -Judge's charge - Reference to such omission as tending to support evidence of prosecutrix -Misdirection - Accused declining to make a statement when charged by Gardai or when identified by prosecutrix - Whether silence of accused an admission of guilt or corroboration of evidence of prosecutrix.
The applicant was charged on eight counts with the unlawful carnal knowledge of R. D., a girl between the ages of fifteen and seventeen years. He declined to make any statement to the Gardai, either on being charged with the offence, or on being picked out by R. D. on an identification parade as being the guilty party. While the applicant pleaded not guilty at his trial, he did not, through his counsel, suggest to R. D. that any other specified man had had carnal knowledge of her. The trial Judge told the jury that they could take into account in support of the evidence of R. D. the fact that counsel for the applicant had never suggested to R. D. that she had had intercourse with other men; that the fact that the applicant made no statement when charged with the offences alleged against him was a matter which the jury could take into account as pointing to his guilt or as corroborating the evidence of R. D.; that the fact that the applicant remained silent when picked out by R. D. on the identification parade as being the guilty party was a matter...
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