Queen v Michael Christopher Bradley
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 04 March 2013 |
| Neutral Citation | [2013] NICA 12 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 04 March 2013 |
| Year | 2013 |
1
Neutral Citation No: [2013] NICA 12 Ref:
COG8755
Judgment: approved by the Court for handing down Delivered:
04/03/13
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
MICHAEL CHRISTOPHER BRADLEY
BEFORE HIGGINS LJ, GIRVAN LJ AND COGHLIN LJ
________
COGHLIN LJ (delivering the judgment of the court)
[1] Michael Christopher Bradley (“the Applicant”) was convicted of a number of
offences at Londonderry Crown Court on 3 December 2008 at the conclusion of a
trial by jury presided over by His Honour Judge Lynch QC. The convictions
included three counts of indecent assault on a female, contrary to section 52 of the
offences against the Person Act 1861 (“the 1861 Act”), three counts of gross
indecency with or towards a child, contrary to Section 22 of the Children and Young
Persons Act (Northern Ireland) 1968, 17 counts of buggery, contrary to Section 61 of
the 1861 Act and one count of assault, contrary to Common Law and Section 47 of
the 1861 Act. All of these offences are alleged to have been perpetrated by the
applicant against his daughter. The sexual offences are alleged to have commenced
on 31 August 1999, when the victim was 9 years of age, and continued until 30 June
2003. The Section 47 assault is alleged to have been committed on a date unknown
between the 30th of May and the 2nd of June 2005.
[2] The applicant now seeks leave to appeal against both the convictions and his
total sentence of 13 years’ imprisonment. The applicant was also made the subject of
a Sexual Offences Prevention Order (“SOPO”) requiring him to have no contact,
direct or indirect, with the victim as well as no contact with any child under the age
of 18 unless approved by Social Services. The applicant had initially been arraigned
on the 1st of April 2008 at Londonderry Crown Court and his trial had commenced at
that court on 4 June 2008 before the Recorder of Londonderry. For reasons that are
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...to counsel although it was not perhaps one that he himself would have adopted. [19] In R v Boyd [2011] NICA 22 and again in R v Bradley [2013] NICA 12 this court approved the approach to be applied where an appeal is brought on the grounds of the failure by counsel to properly conduct an ap......