R v Bothwell
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 11 September 2006 |
| Neutral Citation | [2006] NICA 35 |
| Year | 2006 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 11 September 2006 |
1
Neutral Citation No. [2006] NICA 35
Ref:
KERF5637
Judgment: approved by the Court for handing down
Delivered:
11/09/2006
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
REGINA
-v-
DEBORAH BOTHWELL
_________
Before Kerr LCJ, Nicholson LJ and Campbell LJ
________
KERR LCJ
Introduction
[1] Deborah Bothwell was convicted on 28 October 2005 of the offence of
possession of a Class B controlled drug, amphetamine, with intent to supply,
after a trial before His Honour Judge Smyth QC and a jury. She was
sentenced to eighteen months’ imprisonment on 6 February 2006. The
Attorney General has applied to refer this sentence to the Court of Appeal on
the grounds that it is unduly lenient. On 14 March 2006 an application was
made to this court to extend the time within which Ms Bothwell might appeal
her conviction. That application was granted and in consequence the
Attorney General’s reference has been in abeyance.
[2] At the trial before Judge Smyth Ms Bothwell was represented by two
solicitor advocates – Barra McGrory and John Greer. They have now applied
to this court for leave to represent Ms Bothwell on her application for leave to
appeal against conviction. This court decided that, in order that this
important question (which has obvious implications for future cases) be fully
investigated, an amicus curiae should be appointed and we are grateful to Mr
Ciaran Murphy who appeared on the instructions of the Attorney General in
that role. Mr Murphy’s submissions have been of considerable value to the
court in dealing with this issue. We also heard from Mr McGrory on his own
behalf and on behalf of Mr Greer and we are, of course, also indebted to Mr
McGrory for the helpful arguments that he presented to the court.
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3 cases
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ABM Construction v Habbingley Ltd
...2) (Joinder of Attorney General) [2000] 4 IR 1 applied - Braithwaite Sons Ltd Anley Maritime Agencies Ltd [1990] NI 63 and R v Bothwell [2006] NICA 35, [2007] NI 58 distinguished - Companies Act 1963 (No 33), s 390 - Rules of the Superior Courts 1986 (SI 15/1986), O29 - Application refused ......
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R v Cathal Feeney
...Rules of Court.” Much of that is obviously applicable here and consonant with my own observations. [18] Seventhly, in R v Bothwell [2006] NICA 35 the Court of Appeal in Northern Ireland (Kerr LCJ, Nicholson and Campbell LJJ) was considering an application by solicitor advocates to appear on......
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Thompson’s (Ciara) Application
...limited circumstances, Solicitors. Those limited circumstances are set out in Section 106 and were described by Kerr LCJ in R v Bothwell [2006] NICA 35 at para 6 as for “emergency situations”. In Bothwell the Court of Appeal refused the application of Solicitor Advocates to be conferred rig......