Summary of Judgment - R v RD
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of Judgment - R v RD |
| Court | Lands Tribunal (Northern Ireland),Court of Judicature (NI) |
| Date | 19 November 2021 |
Judicial Communications Office
1
19 November 2021
COURT REFUSES LEAVE TO APPEAL AGAINST CONVICTION
Summary of Judgment
The Court of Appeal
1
today refused leave to appeal against conviction in the case of a father
convicted of rape of his young son and sexual assault of his daughter.
Background
The applicant, the father of the two complainants, was not named to avoid identification of the
children. The complainants were referred to as X (a male child who was aged between four and
eight years old when the offences for which the applicant was convicted occurred) and Y (a female
child who was aged five). The offences were committed between 2009 and 2014.
The children revealed the abuse to their mother in April 2014 immediately after a medical
appointment as there was a concern about his gait when walking. After seeing a consultant X told
his mother that his father had been “hurting me”. His sister, Y, then told the mother that she had
come into the room and saw X with his trousers down and pulled X’s trousers up and said “bad
daddy”. X is reported to have said that the sexual offending happened 70/80 times and that his
father said he would shoot him and Y if he told anyone. X and Y then attended at ABE interview
where they made further allegations of abuse against their father.
X’ was examined by a consultant paediatrician who gave evidence about the presence of a healing
scar on X’s anus area. At trial two other experts gave evidence that X had a healing scar on his anus
which was consistent with his allegations. One expert called on behalf of the defence opined that it
was a genetic condition called “diastasis ani”.
Y was spoken to by a social worker and examined by a consultant paediatrician. No medical
evidence was called at the trial in relation to Y.
The applicant denied the events occurred with the defence case being that the mother encouraged
and schooled the children to give false evidence. The applicant was convicted of four offences of
rape in relation to X and one count of sexual assault in relation to Y and was sentenced on 21 October
2017 to a 14 year custodial sentence comprising seven years imprisonment and seven years on
licence.
On 21 October 2019, the applicant lodged a notice of appeal against conviction. Section 16 of the
Criminal Appeal (Northern Ireland) Act 1980 provides that notice of application for appeal shall be
given within 28 days of conviction, however under section 16(2) the time may be extended at any
time by the court. The principles governing extension of time are set out in R v Brownlee
2
and are
that substantial grounds must be provided to explain the delay and where there appears to be merit
in the grounds of appeal it will usually be granted.
1
The panel was Keegan LCJ, Treacy LJ and Colton J. Keegan LCJ delivered the judgment of the court.
2
R v Raymond Brownlee [2015] NICA 39, paragraphs 8(ii) and (vi).
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