PBNI v Jones (Michael)
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 2011 |
| Neutral Citation | [2011] NICA 62 |
| Year | 2011 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 23 September 2011 |
1
Neutral Citation No [2011] NICA 62
Ref:
MOR8325
Judgment: approved by the Court for handing down
Delivered:
23/9/2011
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
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PBNI v. MICHAEL JONES
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Before: Morgan LCJ, Girvan LJ and Coghlin LJ
_______
MORGAN LCJ (delivered ex tempore)
[1] The applicant was arraigned on 8 May 2007 at Belfast Crown Court before His
Honour Judge Grant and pleaded guilty to a count of indecent assault on a female
contrary to Section 52 of the Offences Against the Person Act. On 28 June 2007
before His Honour Judge Grant at Downpatrick Crown Court he was sentenced to a
custody probation order of 2 years 6 months imprisonment followed by 3 years’
probation. He was required to participate in the community sex offenders’ group
work programme, to present himself in accordance with instructions given by the
probation officer to appropriate premises to actively participate in this programme
for 240 hours and to comply with instructions given by the probation officer or the
person in charge of the programme. He was also required to take part in an alcohol
testing and treatment programme as directed by the officer supervising his
probation order. It was ordered that registration as a sex offender would be
required for an indefinite period. He was released from custody in September 2008.
[2] His first breach of the custody probation order was in 2009 when he left the
jurisdiction without notifying the relevant authorities and went to Spain where he
remained until September 2009. This breach was dealt with on 7 December 2009
before His Honour Judge Grant at Londonderry Crown Court when he was
sentenced to 40 hours community service. The second breach of the custody
probation order was in May 2010 when the applicant failed to return to his hostel
accommodation. He was located in County Kildare. On 15 October 2010 at
Londonderry Crown Court sitting at Magherafelt before His Honour Judge Grant
the applicant was arraigned and pleaded guilty to breach of the custody probation
order. On the same date and before the same judge it was ordered that the custody
probation order originally imposed on 28 June 2007 be revoked and that the
applicant be sentenced to 2 years custody and a sexual offences prevention order
with a duration of 10 years was imposed with restrictions upon the applicant that he
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3 cases
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Queen v John Hanrahan and James John Hanrahan
...the court must be alert to the factors of oppression and proportionality. A similar approach has been adopted by this court see R v Jones [2011] NICA 62 at [10] – [11] and R v Simpson [2014] NICA 83 at [8]. We consider that this applies equally to the two species of VOPO. [50] The Serious C......
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Chief Constable of the Police Service of Northern Ireland v McNicholl (John)
...significant, risk (not a bare possibility) that the defendant will commit further serious offences….” In Probation Board for NI v Jones [2011] NICA 62, Morgan LCJ reviewed the leading case of R v Samuel Shannon and noted - “ The test to be applied involves an assessment (1) of the level of ......
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Chief Constable of the Police Service of Northern Ireland v McNicholl (John)
...significant, risk (not a bare possibility) that the defendant will commit further serious offences….” In Probation Board for NI v Jones [2011] NICA 62, Morgan LCJ reviewed the leading case of R v Samuel Shannon and noted - “ The test to be applied involves an assessment (1) of the level of ......