Chief Constable of Police Service of Northern Ireland v Kenneth Mark Cassells and Tanya Elizabeth Cassells
Jurisdiction | Northern Ireland |
Judge | Kerr LCJ |
Judgment Date | 2007 |
Neutral Citation | [2007] NICA 12 |
Court | Court of Appeal (Northern Ireland) |
Date | 02 March 2007 |
1
Neutral Citation no. [2007] NICA 12
Ref:
KERF5771
Judgment: approved by the Court for handing down
Delivered:
02/03/07
(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 YOUTH COURT
________
Between:
CHIEF CONSTABLE OF POLICE SERVICE OF NORTHERN IRELAND
Complainant/Appellant
and
KENNETH MARK CASSELLS
First Defendant/Respondent
and
TANYA ELIZABETH CASSELLS
Second Defendant/Respondent
________
Before Kerr LCJ, Campbell LJ and Higgins LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from the decision of a Youth Court
sitting at Larne on 27 April 2006. The panel comprised Mr Robert Alcorn,
resident magistrate, and Ms L Magee and Mr R McDonnell, lay magistrates.
The first defendant, who is a young man now aged nineteen, having been
born on 7 February 1988, had pleaded guilty to having driven a motor vehicle
on a road after having consumed so much alcohol that the proportion of it in
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Chief Constable of the Police Service for Northern Ireland v Joseph Michael Mullan
...Ireland) Order 1996 has been considered by this court on a number of occasions most recently in the case of Chief Constable v Cassells [2007] NICA 12. In that case this court cited a well known passage from an earlier decision of 3 this court of Fleming v Mayne [2000] NIJB 21 and applied th......