People (Attorney-General) v Dempsey

• Jurisdiction: Ireland
• Judgment Date: 18 May 1961
• Date: 18 May 1961
• Court: Court of Criminal Appeal

(C.C.A.)

People (Attorney-General)

and

Dempsey

Evidence of other offences against same girl not charged - Admissibility - Pregnancy of girl -Allegation that accused only man to have had carnal knowledge - Direction to jury to ignore any issue as to paternity.

The applicant was indicted on two counts of having unlawfully had carnal knowledge of a girl between fifteen and seven-teen, on two occasions. At the trial, the girl whose evidence was uncorroborated, swore that the applicant had also had carnal knowledge of her on other occasions prior to, between and subsequent to the dates specified in the indictment. The applicant did not dispute having kept company with the girl or having been in her company on the occasions on which she alleged that sexual intercourse took place, but contended that his relationship with her was completely innocent, and denied having had sexual intercourse with her on any occasion. The applicant was convicted on both counts. Held by the Court of Criminal Appeal (Maguire C.J., McLoughlin and Teevan JJ.) that the evidence of the other acts of carnal knowledge was admissible, as tending to show the true relationship between the parties and hence tending to rebut the defence set up by the applicant that such relationship was a mere innocent courtship. People (Attorney-General)v. KirwanIR [1943] I.R. 279 and R. v. BallELR [1911] A.C. 47 applied. Held further: 1. That there is no...