Chief Constable of Police Service of Northern Ireland v LO
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2006 |
| Neutral Citation | [2006] NICA 3 |
| Date | 02 February 2006 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2006] NICA 3
Ref:
KERF5478
Judgment: approved by the Court for handing down
Delivered:
02/02/2006
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
APPEAL BY WAY OF CASE STATED FROM A DECISION OF
A RESIDENT MAGISTRATE
________
CHIEF CONSTABLE OF POLICE SERVICE OF NORTHERN IRELAND
Complainant/Respondent;
-and-
LO
Defendant/Appellant.
_______
Before Kerr LCJ, Nicholson LJ and Sheil LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of a magistrate
sitting at Strabane on 27 August 2004 whereby he found that the respondent,
LO, had no case to answer on a charge of breach of a non-molestation order
and on charges of assaulting the first complainant JH occasioning her actual
bodily harm and common assault on the second complainant CK.
The facts
[2] In the case stated the magistrate set out a number of factual findings.
We consider that the following are relevant to the issues that arise on this
appeal:-
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19 cases
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R v William Courtney
...that the defendant is guilty, then the judge should allow the matter to be tried by the jury.” [19] In Chief Constable of the PSNI v LO [2006] NICA 3 the Divisional Court discussed the application of these principles in the context of a non jury trial. The following passages from the judgme......
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Queen v Mark Haddock and others
...R. 124 (“Galbraith”) and R v Shippey (1998) Crim. LR. 767 (“Shippey”) as applied in R v Courtney (2007) NICA 6 and Chief Constable v Lo (2006) NICA3. See also R v P [2011] NIJB 225 and the helpful comments of Judge LCJ recently in R v F the Tines 25 July 2011 CA. In the case of Galbraith Lo......
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Re Loughlin (application for judicial review (Northern Ireland))
...6, which had applied the principles set out in R v Galbraith 73 Cr App R 124, R v Shippey (1998) Crim LR 767 and Chief Constable v Lo [2006] NICA 3. The judge therefore held that he must "look at all the evidence whether supportive of the Stewart brothers or otherwise and ask myself whethe......
- R v Wootton; R v McConville; R v Wootton
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