R v Belfast Recorder, ex parte McNally
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1992 |
| Date | 01 January 1992 |
| Court | Court of Appeal (Northern Ireland) |
- Certiorari - Scope of remedy - Shoplifting - One months' detention at a young offenders' centre increased to three months' detention -Judicial review - Duty of court to accept defence's version of events unless evidence heard to resolve issue - Relevance of remission, failure to assist and plea of guilty - Whether sentence "harsh and oppressive" -Whether sentence imposed by inferior court can be quashed on certiorari - Certiorari - Scope of remedy - Conditions on which it may be granted -Effect of procedural changes - What may constitute a record.
In February, 1986, the applicant was arrested following a shoplifting incident which also involved several other people. The applicant had one previous conviction for shoplifting dating from 1981. At the trial there was conflicting evidence presented by counsels for the prosecution and defence regarding the assistance that the applicant was prepared to offer to the police in identifying her accomplices. The applicant was convicted of shoplifting and sentenced to one month's detention at a young offenders' institution. The...
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...oppressive as to amount to an error of law and it followed that the court would not intervene; R. v. Belfast Recorder, ex p. McNallyDNI [1992] N.I. 217 applied. ...