Rape is a serious crime in Ireland and can be charged under the Criminal Law (Rape) Act 1981 or the Criminal Law (Rape) (Amendment) Act 1990, depending on the specific circumstances of your case, the age of the victim, and the available evidence.

It’s important to note that a conviction for rape can result in a life imprisonment sentence. Additionally, there are other related offences, such as attempted rape and aiding and abetting a rape, that can also result in serious legal consequences.

Sexual assault and aggravated sexual assault are criminal offences defined under Section 2 of the Criminal Law (Rape) (Amendment) Act 1990. A sexual assault is any indecent act carried out on a person of either gender, with a maximum penalty of 10 years in prison. If the victim is under 17 years old, the maximum sentence increases to 14 years.

Aggravated sexual assault, on the other hand, refers to a sexual assault involving severe violence or the threat of it. This crime is punished with a maximum sentence of life imprisonment, which is the same penalty for rape offences.

Sexual assault and aggravated sexual assault are criminal offences defined under Section 2 of the Criminal Law (Rape) (Amendment) Act 1990. A sexual assault is any indecent act carried out on a person of either gender, with a maximum penalty of 10 years in prison. If the victim is under 17 years old, the maximum sentence increases to 14 years.

Child sex abuse is not a specific crime under the law, but can be prosecuted under charges such as rape, sexual assault, or aggravated sexual assault. In 2006, the law in this area underwent significant changes.

Unlawful sexual contact with a minor under 17 years of age is commonly referred to as “statutory rape.” Previously, this offence was governed by the Criminal Law (Amendment) Act 1935, but in 2006, the Supreme Court declared part of this act unconstitutional. A new law, the Criminal Law (Sexual Offences) Act 2006, was put in place to replace the outdated provisions of the 1935 act. The 1935 act has been amended multiple times since then.

Under the Criminal Law (Sexual Offences) Act 2006, engaging in sexual activity with a child under the age of 15 years is a criminal offense referred to as “defilement.” The maximum punishment for this crime is life imprisonment.

The law defines sexual activity as including sexual intercourse, anal sex between unmarried individuals, and any sexual act that constitutes as aggravated sexual assault.

Please note that a person accused of this crime may claim that they believed the child was 15 years or older, but the court must determine if this belief was reasonable. Furthermore, consent from the child is not a valid defence.

Under the Criminal Law (Sex Offences) Act 2006 and its amendment in 2007, it is illegal to engage in or attempt to engage in sexual acts with a child under 17 years old. This crime can result in a sentence of up to five years, or ten years if the accused is considered a “person in authority,” which includes a parent, guardian, teacher, or any individual responsible for the child’s welfare. Repeat offenders face a harsher sentence. If the accused believed the child was over 17 and that belief was reasonable, they may use it as a defence. However, consent from the child is not considered a defence. Prosecutions for this crime require approval from the Director of Public Prosecutions. If the offender is not more than two years older than the victim and is convicted, they will not be listed on the Sex Offenders Register. Finally, it’s important to note that a girl under 17 years old who has sexual intercourse cannot be convicted of an offences solely for that act.

General Practitioners play a crucial role in providing healthcare to patients and often develop a long-term, trustworthy relationship with them. When a patient experiences a medical issue, they typically turn to their GP for assessment and guidance. If necessary, the GP may refer the patient to a specialist for further evaluation and treatment. However, if a GP fails to refer a patient in a timely manner or misdiagnoses a condition, the consequences can be severe and long-lasting. We specialise in handling clinical negligence claims relating to GP referrals, including failure to diagnose serious conditions such as strokes or brain hemorrhages, failure to refer for urgent medical attention, failure to refer to a specialist, and failure to act on investigation results.

The law of homicide in Ireland distinguishes between murder and manslaughter. Murder is defined as the intentional killing of another person, or causing serious harm that leads to death. This can include premeditated killings, shooting a victim knowingly, and actions with the awareness that they will result in death.

Manslaughter, on the other hand, is an unlawful killing that is not considered murder and is divided into two types: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter is a reduced charge for what would have been murder if there was a mitigating circumstance such as provocation.

Involuntary manslaughter is further divided into two categories: manslaughter by an unlawful and dangerous act, and gross negligence manslaughter. The first involves a killing resulting from a criminal act that poses a risk of harm to the victim. The second involves death caused by the accused’s negligent act or omission, which posed a high risk of harm.

Under the Criminal Justice (Theft & Fraud Offences) Act 2001, there are a range of offences ranging from minor theft to large-scale crimes. These offences can be tried in either the District Court or the Circuit Court. The Director of Public Prosecutions (DPP) will make the initial decision on which court the case will be tried in. If the case is to be heard in the Circuit Court, it will be sent there on indictment. If the DPP decides the case is suitable for the District Court, the District Court Judge will hear a brief summary of the facts and make the final decision.

However, the accused has the right to have their case tried in the Circuit Court, even if the DPP and the District Court Judge believe it is suitable for the District Court. It is important to note that the accused must give their consent for the case to be tried in the District Court. Most accused persons choose to have their case tried in the District Court as it has several advantages. However, in some circumstances, it may be more appropriate to have the case tried in the Circuit Court. For this reason, it is crucial to seek legal advice from an experienced lawyer before making this important decision.

Drug Possession Offences

If you are facing a drug possession charge, it’s important to understand the potential consequences. Possession of an illegal drug can impact your employment and travel opportunities, and may also have a negative effect on your reputation. We can provide you with the support and guidance you need to navigate this complex legal situation.

Possession with Intent to Sell or Supply

If you have been arrested for possession with the intent to sell or supply illegal drugs, you are facing a very serious charge. These cases are often complex and require the expertise of a skilled legal professional. We can help you understand the charges you are facing, and provide you with the advice and representation you need to protect your rights and interests.

Mandatory Minimum Sentencing

In some cases, specifically prosecutions pursuant to Section 15A of the Misuse of Drugs Act 1977, possession with intent to supply can carry a mandatory minimum sentence of 10 years in prison, unless certain exceptions apply. It’s crucial to seek legal advice as soon as possible to understand your options and minimise the risks associated with this type of charge.

If you have been convicted of a criminal offence, it’s important to know that you have the right to appeal the decision. The appeal process may vary depending on whether you were convicted by a judge in the District Court or by a jury in the Circuit Court or Central Criminal Court.

If you were convicted in the District Court, you have 14 days to file an appeal. If you miss this deadline, you may request an extension, but it will only be granted by a judge in exceptional circumstances. There are two types of appeals in the District Court: a de novo appeal, which is a full re-hearing of the case before a Circuit Court judge, or an appeal on sentence severity only, where you accept the conviction but ask the Circuit Court judge to re-consider the sentence.

If you were convicted by a jury, the appeal process is slightly different. You don’t have the right to a de novo appeal in the Court of Criminal Appeal, but you can ask the court to determine if the Circuit Court or Central Criminal Court Judge made any error in law. If successful, this may result in a new trial. You can also appeal the severity of the sentence handed down by a Circuit Court or Central Criminal Court Judge after being found guilty by a Jury.

It’s important to note that you have only 10 days to file an appeal with the Court of Criminal Appeal after a jury conviction. If a member of your family has been convicted by a jury, it’s important to seek legal advice from a solicitor as soon as possible to assess the viability of an appeal.