Police Service for Northern Ireland v Richard Shaw MacRitchie

JurisdictionNorthern Ireland
JudgeKerr LCJ
Judgment Date2008
Neutral Citation[2008] NICA 26
CourtCourt of Appeal (Northern Ireland)
Year2008
Date20 June 2008
1
Neutral Citation No. [2008] NICA 26 Ref:
KER7211
Judgment: approved by the Court for handing down Delivered:
20/6/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
POLICE SERVICE FOR NORTHERN IRELAND
Complainant/Appellant
-and-
RICHARD SHAW MacRITCHIE
Defendant/Respondent
________
Before Kerr LCJ, Higgins LJ and Girvan LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of Mrs Fiona
Bagnall, resident magistrate, acceding to an application for a direction of no
case to answer made at Belfast Magistrates’ Court on 9 October 2007 on behalf
of the defendant/respondent, Richard MacRitchie, in relation to a charge of
voyeurism contrary to section 67 of the Sexual Offences Act 2003. We shall
refer to Mr MacRitchie as ‘the defendant’.
[2] The magistrate had been invited by the prosecution to consider by way of
alternative to the offence preferred, a charge of attempted voyeurism but she
declined to do so, observing that she was unable to conclude that there was

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1 books & journal articles
  • Tackling Voyeurism: Is The Voyeurism (Offences) Act 2019 A Wasted Opportunity?
    • United Kingdom
    • The Modern Law Review No. 82-6, November 2019
    • 1 Noviembre 2019
    ...in the second example but not thefirst. In the first, the bikini is being used as swimwear but in the second it is57 SOA 2003, s 67.58 [2008] NICA 26.59 ibid at [14].60 ibid at [16].61 However, the Court accepted that the defendant was guilty of attempted voyeurism, ibid at [17]et seq.1118 C......

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