Queen v Jones (Gary)
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 10 September 2010 |
| Neutral Citation | [2010] NICC 39 |
| Court | Crown Court (Northern Ireland) |
| Date | 10 September 2010 |
1
Neutral Citation No. [2010] NICC 39 Ref:
McCL7936
Judgment: approved by the Court for handing down Delivered:
10/09/10
(subject to editorial corrections)*
IN THE CROWN COURT IN NORTHERN IRELAND
______
Sitting at Belfast
________
THE QUEEN
-v-
GARY JONES
________
RULING NO. 1: RECUSAL
________
McCLOSKEY J
I Introduction
[1] This ruling determines an application by the Defendant that I should recuse
myself as trial judge. The application is based on my knowledge of the following
information relating to the history of this prosecution:
(a) The earlier judgment of the Court of Appeal1
(b) A subsequent retrial of the Defendant, which was aborted and had no
outcome in consequence.
Background
[2] The Defendant is charged with one count of doing an act with intent to cause
an explosion and a further count of possession of an explosive substance with intent
to endanger life, contrary to Sections 3(1)(a) and 3(1)(b) respectively of the Explosive
Substances Act 1883 ( “the 1883 Act”). The history of this prosecution is as follows:
1 [2007] NICA 28.
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12 cases
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Alternative A5 Alliance’s Application
...[49] In this jurisdiction the governing principles in relation to apparent bias have been considered by McCloskey J in R –v- Jones [2010] NICC 39, Re Belfast International Airport’s Application [2011] NIQB 34 and Quinn Finance & others v Lyndhurst Development Trading SA & others [2013] NICh......
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Jordan’s Applications
...& [39]. 104. In this jurisdiction the governing principles in relation to apparent bias have been considered by McCloskey J in R v Jones[2010] NICC 39, Re Belfast International Airport's Application[2011] NIQB 34 and Quinn Finance v Lyndhurst Development Trading SA[2013] NICh 13. 105. Mr Ma......
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Hawthorne's (Thomas Ronald) and White's (Raymond) Application
...declared. There is none. Governing Principles [147] I had occasion to consider the governing principles extensively in R –v- Jones [2010] NICC 39, in the following passages: “Governing Principles [6] While the importance of judge and jury being entirely impartial is a longstanding feature o......
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André Penn Applicant v The Director of Public Prosecutions Respondent
...Department [2008] UKHL 62; [2008] 1 WLR 2416 at [8]. 5 [2006] 1 WLR 1163 . 6 [2000] QB 451 . 7 [2008] 1 WLR 2416; [2008] UKHL 62. 8 [2010] NICC 39 9 [2002] IRLR 407 . 10 (2000) 201 CLR 488 , 509, para. 53. 11 [1923] All E Rep. 233 at page 234. 12 See Eastern Caribbean Supreme Court Code ......
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