Queen v A
| Jurisdiction | Northern Ireland |
| Court | Court of Appeal (Northern Ireland) |
| Writing for the Court | Girvan LJ |
| Judge | Girvan LJ |
| Judgment Date | 08 January 2014 |
| Neutral Citation | [2014] NICA 2 |
| Year | 2014 |
| Date | 08 January 2014 |
1
Neutral Citation No. [2014] NICA 2 Ref:
GIR9096
Judgment: approved by the Court for handing down Delivered:
08/01/2014
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
V
A
________
Morgan LCJ, Girvan LJ and Coghlin LJ
________
Girvan LJ (delivering the judgment of the court)
Introduction
[1] This is an appeal against conviction on two counts of sexual assault. Leave to
appeal was granted by Deeny J acting as the single judge. The appellant was tried
on a total of nine counts of various sexual offences against the daughter of his
long-term partner (“the complainant”). These offences as alleged by the
complainant occurred during four distinct incidents. The jury convicted him on two
of the counts but acquitted him on the remaining seven counts. Mr MacCreanor QC
and Mr Hunt appeared for the appellant. Mr Mateer QC and Mr Magill appeared on
behalf of the Crown. The Court is indebted to counsel for their helpful written and
oral submissions.
[2] The appellant’s grounds of appeal against conviction can be summarised as
follows:
(i) The guilty verdicts are inconsistent with the not guilty verdicts.
(ii) The prosecution’s closing speech was unfair and prejudicial.
(iii) The trial judge’s summing up was inadequate in respect of the lack of
independent evidence.
(iv) The trial judge failed to give an adequate ‘Makanjoula’ warning.
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4 cases
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Beres Douglas v R
...the next day and reported the matter to the police the next day. She relied on authorities such as R v Littlewood [2004] EWCA Crim 1648 and R v Memi [2007] EWCA Crim 3203, R v B [2004] EWCA Crim 2869 to show that once there are distinguishing features between the actions, referable to the d......
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Queen v BJ
...reached but rather was delivered once the jury had indicated a resolution to all of the counts (see R v Harbinson [2012] NICA 20, R v A [2014] NICA 2 R v S and C [2015] NICA 51 and R v Smyth [2018] NICA 10). After a period of further deliberation the verdicts of the jury were taken and it t......
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The Director of Public Prosecutions v Kinneavy
...The second issue was the perversity of the jury’s verdict. Held by the Court that the trial judge had done what was required by R v A [2014] NICA 2; the judge’s charge correctly identified the possibility that the jury might acquit the appellant on some or all of the charges should they fin......
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R v S and C
...trial judge. We would simply add two further observations. First, as this court has indicated in R v Harbinson [2012] NICA 20 and R v A [2014] NICA 2 the practice of taking verdicts in sexual abuse cases in a piecemeal manner should, if possible, be avoided. A jury must give separate consid......
