The Director of Public Prosecutions v Stokes & Anor (Approved)

       �This is an appeal against conviction. On the 26 th of February 2024, the appellants were convicted of assault causing serious harm contrary to s.4 of the Non-Fatal Offences Against the Person Act 1997 ("the 1997 Act"), assault causing harm contrary to s.3 of the 1997 Act, aggravated burglary contrary to s.13 of the Criminal Justice (Theft and Fraud Offences) Act 2001, and false imprisonment contrary to s.15 of the 1997 Act.

       MG was brought to hospital that night and remained in hospital for almost a month. She sustained significant injuries, including the rupturing of her right eye leading to its loss, fractures of several facial bones for which she had plates inserted, as well as significant bruising. MG also suffered severe distress and trauma and required psychiatric intervention.

       MG declined to testify during the trial and the respondent applied to admit her statements pursuant to s.16 of the Criminal Justice Act 2006 ("the 2006 Act"). A voir dire took place, where two members of the Garda� gave evidence about the circumstances in which the statements were made, as well as MG confirming in evidence that the signatures on the statements were indeed hers. The trial judge ruled the evidence admissible. The other injured party, TA, did not attend court or give evidence during the trial, however her husband, who witnessed the event, did.

       The jury returned unanimous guilty verdicts on all counts on the indictment.

       The appellants appeal their convictions on several grounds; however, the principal common ground relates to the admission of MG's statements under s.16 of the 2006 Act.