Queen v Shaun McCaughey
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 18 August 2020 |
| Neutral Citation | [2020] NICA 37 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 18 August 2020 |
1
Neutral Citation No: [2020] NICA 37
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11298
Delivered: 18/08/2020
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
SHAUN McCAUGHEY
________
Before: Morgan LCJ and McCloskey LJ
________
McCLOSKEY LJ (delivering the judgment of the court)
Introduction
[1] Shaun McCaughey (hereinafter “the Appellant”) is attempting to challenge the
verdict of a jury made on 09 April 2003, at the conclusion of a 16 day trial, whereby
he was convicted of wounding Barry McSorley and Brian McSorley (“the injured
parties”) contrary to section 20 of the Offences Against the Person Act 1861, together
with his ensuing sentencing on 04 July 2003 entailing the imposition of an order
comprising two years in custody to be followed by one year on probation. The next
significant event occurred some six years later, on 12 February 2009, when a
handwritten notice incorporating grounds of appeal was received by this court.
Some 17 years following the conviction and sentence of the Appellant and at a stage
when the appeal has entered its 12th year of existence, this challenge remains
undetermined. The more recent impetus for this judgment will become evident from
a consideration of the chronology infra.
Chronology of Appeal
[2] This, therefore, is an appeal of considerable vintage. During its most recent
phase the Public Prosecution Service (“PPS”) was represented by Mr Ken McMahon
QC and Ms Natalie Pinkerton of counsel. In compliance with one of the court’s case
management directions, counsel provided a detailed chronology which, given the
vintage of the case, is helpful to reproduce in full (with some judicial editing and
modification).
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CHRONOLOGY
09.10.02 First trial began in Omagh.
14.10.02 First trial aborted.
18.10.02 Application made to the Court to move trial to Belfast granted.
07.01.03 Jury empanelled in second trial in Belfast. Both accused pleaded guilty
to section 20 charges, accepted by the prosecution. Case adjourned for
pre -sentence reports.
14.02.03 Newly instructed counsel appeared for the accused. An application to
vacate the guilty pleas was granted.
19.03.03 New trial began in Belfast.
09.04.03 Guilty jury verdicts.
04.07.03 Appellant sentenced.
12.02.09 Handwritten Notice & Grounds received.
08.11.10 Letter from court requesting Mr McCaughey to provide grounds of
appeal.
11.11.11 Mention adjourned to 09.12.11 to obtain legal representation.
09.12.11 Mention adjourned to 13.01.12 to obtain legal representation.
13.01.12 Mention adjourned to 27.01.12 to confirm legal representation of Jarleth
Faloon. Documents received from the Appellant in court concerning
animals on his land copied to prosecuting counsel.
27.01.12 Mention adjourned to 09.03.12 for legal representatives to consider
transcript requirements.
09.03.12 Mention adjourned to 20.04.12 as defence still awaiting documents.
12.03.12 Judge’s charge to the jury and sentencing remarks received.
20.04.12 Mention adjourned to 15.06.12 – waiver of privilege obtained by
defence.
15.06.12 Defence lawyers off record - adjourned 29.06.14 to obtain legal
representation.
29.06.12 Mention adjourned to 07.09.12 for legal representatives to attend.
07.09.12 Mention adjourned to 05.10.12 to decide how to proceed – Appellant’s
grounds to be lodged by 28.09.12.
05.10.12 Mention adjourned to 19.10.12 for McShane solicitors to contact
previous solicitors to see if any advice given re appeal.
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