Admissibility of testimony of crime outside the jurisdiction.

political analyst

Former teacher Jacintha McSherry O'Connor has been sentenced to 3 years imprisonment (the last 6 months of which are suspended) for the sexual abuse of a boy to whom she had been giving grinds.

In the trial, the court heard that the complainant said that, in Spain, the defendant had performed oral sex on him. Obviously, she was not charged specifically in relation to that because it was outside the jurisdiction.

Why would a complainant's testimony that a sex act was performed on him by the defendant outside the Republic be ruled as admissible in a criminal trial in the Republic?

Claw Hammer

https://www.boards.ie/discussion/2058330836/admissibility-of-testimony-of-crime-outside-the-jurisdiction

It could be admissible as similar fact evidence. In these cases the crime is proved by proving a pattern of behaviour.

NUTLEY BOY

If an Irish citizen commits a criminal offence against another Irish citizen outside the jurisdiction is that triable before an Irish court ?

Claw Hammer

https://www.boards.ie/discussion/comment/121605981#Comment_121605981

There certainly have been cases of it.

political analyst

https://www.boards.ie/discussion/comment/121605981#Comment_121605981

https://www.boards.ie/discussion/comment/121606540#Comment_121606540

But she wasn't charged in connection with the Spanish incident.

Claw Hammer

https://www.boards.ie/discussion/comment/121606710#Comment_121606710

Who was talking about the Spanish incidenmt?

political analyst

https://www.boards.ie/discussion/comment/121606836#Comment_121606836

I mentioned it because Nutley Boy asked whether a crime committed by one Irish citizen against another outside the jurisdiction could be triable in an Irish court, even though that question does not arise in the McSherry O'Connor case because she wasn't charged in connection with the Spanish incident. Presumably, the DPP could not charge her with that incident - so wasn't the admissibility of testimony about that incident prejudicial?

Claw Hammer

https://www.boards.ie/discussion/comment/121606880#Comment_121606880

It may have been prejudicial but why should that mean it is inadmissible?

Irish citizens have been tried in Irish Courts for crimes committed outside the jurisdiction against another Irish citizen.

political analyst

https://www.boards.ie/discussion/comment/121607283#Comment_121607283

The only Irish citizen that I know of who has been tried for crimes committed against other Irish citizens is Michael McAleavey but he was under Irish military jurisdiction at the time of his crimes. I haven't heard of any Irish civilians being tried for crimes committed against other Irish citizens abroad.

Peregrinus

https://www.boards.ie/discussion/comment/121605981#Comment_121605981

The general rule is that Irish criminal law is presumed to apply only to acts done, or at least partly done, in Ireland. But the Oireachtas can, and occasionally does, specify that a particular law applies outside the jurisdiction.

(This is the same general rule that most countries follow.)

Exceptions that have been made to the general rule include:

You can be tried in Ireland for a crime committed in Northern Ireland. (NI has a corresponding law enabling trials for crimes committed in the Republic.) This was something introduced in the 1970s in response to the IRA campaign.

Ireland is party to a number of treaties that require states to assert universal jurisdiction in relation to certain crimes — i.e. states must outlaw these crimes no matter where they are committed. We're talking about air piracy, war crimes, genocide, terrorist offences, transnational organised crime, that kind of thing. Note that these are crimes against Irish law, wherever committed, regardless of whether either the offenders or the victims are Irish citizens or have any connection with Ireland.

There are some crimes which are offences against Irish law no matter where committed, even though there is no treaty requiring this. Examples include treason (which of course is a crime only an Irish citizen can commit) and murder, manslaughter, certain child sex offences, female genital mutilation, money laundering, money counterfeiting (crimes wherever committed if done by an Irish citizen or, I think, resident).

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