Queen v Thomas Valliday

JurisdictionNorthern Ireland
JudgeScoffield J
Judgment Date11 December 2020
Neutral Citation[2020] NICA 63
CourtCourt of Appeal (Northern Ireland)
Date11 December 2020
1
Neutral Citation No: [2020] NICA 63
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: SCO11372
ICOS No: 15/68725/A01
Delivered: 11/12/2020
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE QUEEN
-v-
THOMAS VALLIDAY
___________
Before: Morgan LCJ, McCloskey LJ and Scoffield J
___________
Tim Moloney QC and Damien Halleron BL (instructed by Madden & Finucane,
Solicitors) for the Appellant
Laura Ievers BL (instructed by the Public Prosecution Service) for the Respondent
___________
SCOFFIELD J (delivering the judgment of the court)
Introduction
[1] This is an appeal by the defendant, Thomas Valliday, against a sentence
imposed by His Honour Judge Grant in the Crown Court, sitting at Downpatrick, on
7 March 2016. Leave to appeal was granted by order of a single judge, McAlinden J,
on 21 October 2020.
[2] Mr Moloney QC appeared for the appellant, with Mr Halleron. Ms Ievers
appeared for the Crown. We are grateful to counsel on each side for their helpful
written submissions, which allowed the appeal to be determined without extensive
oral argument on 27 November 2020. At that hearing we indicated that the appeal
would be allowed and that we would give our reasons briefly by way of written
judgment at a later date. Those reasons are set out in this judgment.
Factual Background
[3] The facts are that on 1 May 2015, the appellant was taken from HMP
Maghaberry, where he was serving a life sentence, to the Ulster Hospital in order to

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