McGuinness (Gerard) v The Public Prosecution Service for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Weatherup LJ |
| Neutral Citation | [2017] NICA 30 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 02 May 2017 |
1
Neutral Citation No. [2017] NICA 30
Ref:
WEA10262
Judgment: approved by the Court for handing down
Delivered:
02/05/2017
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL BY WAY OF CASE STATED
FROM THE COUNTY COURT FOR THE DIVISION OF LONDONDERRY
________
BETWEEN:
GERARD McGUINNESS
Defendant/Appellant
and
THE PUBLIC PROSECUTION SERVICE
FOR NORTHERN IRELAND
Complainant/Respondent
________
Before: WEATHERUP LJ and McBRIDE J
________
WEATHERUP LJ (giving the judgment of the Court)
[1] This is an appeal by Case Stated from Her Honour Judge Loughran
dismissing an appeal by the appellant against his conviction for common assault. In
this case the common law on hearsay evidence meets the modern world of policing
with body worn video recording. Mr Mallon QC and Mr Doherty appeared for the
appellant and Mr Murphy QC and Ms Chasemore appeared for the respondent.
[2] On 9 November 2014 at 05:05 the police attended the home of
Melissa Campbell in response to an emergency call made by Ms Campbell (“the
complainant”). Constables White and Allen attended and Constable White activated
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2 cases
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DPP v Keith Connorton
...while emotion continues to act on a complainant who later withdraws her evidence; McGuinness v Prosecution Service for Northern Ireland [2017] NICA 30 judgment of Weatherup LJ. As the actual recording of the 999 call in this appeal speaks so eloquently, the res gestae exception exists becau......
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R v Aaron Sinfield
...have been made in the course of this hearing to Morgan v DPP [2016] EWCA 3414; to McGuinness v Public Prosecutor for Northern Ireland [2017] NICA 30. In his written and oral submissions, Mr Wade had emphasised, in our view rightly, that each case turns on its own particular facts, and that ......
3 books & journal articles
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Whither, hither and thither, Res Gestae? A comparative analysis
of its relevance and application
...[2017] EWCA Crim 216 at [9]; Regina vMuna (Ngethe) [2018] EWCA Crim 1343 at [11].51. McGuinness vNorthern Ireland Prosecution Service [2017] NICA 30 at [12] applying RvAndrews [1987] 1 AC 281; TheQueen vQD [2019] NICA 7 at [26].52. Wills vCrown Prosecution Service [2016] EWHC 3779 (Admin) a......
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Fight, flight, freeze…or lie? Rethinking the principles of res gestae evidence in light of its revival
...vDirector of Public Prosecutions[2016] EWHC 3414 (Admin). Also, the case of McGuinness vNorthern Ireland Public Prosecution Service [2017] NICA30, in which the Court of Appeal in Northern Ireland applied the Criminal Justice (Evidence)(NI) Order 2004, article 22(1)of which preserves the com......
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Fight, flight, freeze…or lie? Rethinking the principles of res gestae evidence in light of its revival
...vDirector of Public Prosecutions[2016] EWHC 3414 (Admin). Also, the case of McGuinness vNorthern Ireland Public Prosecution Service [2017] NICA30, in which the Court of Appeal in Northern Ireland applied the Criminal Justice (Evidence)(NI) Order 2004, article 22(1)of which preserves the com......