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C.W. -v- Minister for Justice and Equality & Ors
Judgment ByStack J.
CourtHigh Court
Date Delivered01 June 2022
StatusApproved
Neutral Citation[2022] IEHC 336
Record Number2021 3473 P
Date Uploaded08 June 2022
Result"Subsection 5 of section 3 of the Criminal Law (Sexual Offences) Act, 2006, as inserted by s. 17 of the Criminal Law (Sexual Offences) Act, 2017 was invalid having regard to Article 38.1 of the Constitution as it placed a burden on the accused to establish on the balance of probabilities that he had been reasonably mistaken as to the complainant's age, which was an essential component of the offence going to the moral culpability of the accused. The subsection was therefore an inroad on the presumption of innocence which was an essential requirement for trial in due course of law."
Associated documents
Below includes the list of documents relevant to the matter above
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2022_IEHC_336.docx |
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