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Court of Appeal dismisses appeal against conviction for sexual assault, on the grounds that: (a) the trial judge was mandated to take into account the specific facts on this case in exercising her discretion to admit the evidence; (b) the purpose of admission is to demonstrate that the complainant’s conduct in complaining is consistent with her testimony; (c) the fact that the complaint was made some four years after the last offence did not render the evidence inadmissible in the present circumstances; (d) the complaint of the other complainant was made a year or more after the last offence; and (e) the complaint was relevant, probative evidence, not only in terms of consistency but also as to how the Gardaí became involved and investigation commenced.
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