Queen v CK a minor
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2009 |
| Neutral Citation | [2009] NICA 17 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 06 March 2009 |
Neutral Citation no. [2009] NICA 17
Ref:
KER7441
Judgment: approved by the Court for handing down
Delivered:
06/03/2009
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
THE QUEEN
v
CK, a minor
________
Before Kerr LCJ, Girvan LJ and Coghlin LJ
_______
KERR LCJ
Introduction
[1] The young man who is the appellant in this case is fourteen years old.
The victims of the offences to which he has pleaded guilty are even
younger. Nothing must be reported which would tend to identify either
the appellant or the victims. The appellant will be referred to in this
judgment as ‘CK’ or ‘the appellant’. The first victim (a young boy aged
eight years at the time of the offences) will be called ‘A’ and the second
victim (a young girl aged five years when the offences occurred) will be
referred to as ‘B’. The victims are cousins of CK.
[2] Leave having been granted by the single judge, this is now an appeal
against sentences imposed by the Recorder of Belfast, His Honour Judge
Burgess, at Belfast Crown Court on 15 December 2008. On 14 May 2008 the
appellant had been committed to the Crown Court for trial on thirteen
counts which included indecent assaults, acts of gross indecency and rape.
At his arraignment on 26 June 2008 he pleaded guilty to three counts of
indecently assaulting ‘A’, two counts of gross indecency with or towards
‘A’ and one count of gross indecency with or towards ‘B’. He pleaded not
guilty to the other counts.
[3] CK was arraigned again on a count of raping A on 8 October 2008. On
this occasion he pleaded not guilty to the rape of ‘A’ but guilty to
attempting to rape him. This plea was accepted by the prosecution and a
count of attempted rape was added to the indictment. The remaining
counts on the indictment were left on the books, not to be proceeded with
without the leave of the court.
[3] The sentences passed were as set out in the following table: -
Count
Offence
Sentence
Count 1
Gross indecency with or
towards ‘A’, a child, on a date
unknown between 1/7/07
and 8/12/07:
18 months detention
Count 2
Indecently assaulting ‘A’, a
male, on a date unknown
between 1/7/07 and 8/12/07.
18 months detention
(Consecutive)
Count 3
Indecently assaulting ‘A’, a
male, on a date unknown
between 1/7/07 and 8/12/07.
18 months detention
(Concurrent)
Count 5
Gross indecency with or
towards ‘A’, a child, on a date
unknown between 1/7/07
and 8/12/07.
18 months detention
(Concurrent)
Count 6
Gross indecency with or
towards ‘B’, a child, on a date
unknown between 1/7/07
and 8/12/07.
9 months detention
(Concurrent)
Count 9
Indecently assaulted ‘A’, a
male, on a date unknown
1/7/07 and 8/12/07.
18 months detention
(Concurrent)
Count 14
Attempted rape of ‘A’ on a
date unknown between
1/7/07 and 8/12/07.
18 months detention
(Concurrent)
[4] The total period of detention ordered by the trial judge was, therefore,
three years in a Juvenile Justice Centre. This sentence was passed pursuant
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17 cases
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Queen v Gerald O'Hara
...Furthermore, the statutory purpose should be to the forefront of the court’s deliberations and conclusions at all times. [38] In R v CK [2009] NICA 17, the appellant, aged fourteen years, was committed to the Crown Court for trial on thirteen counts including assaults, acts of gross 19 inde......
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Martin Ward's Application
...statutory period contained in section 82 with no basis for appeal or review. That legal characterisation was made in in R v CK (a minor) [2009] NICA 17 §45 and has been repeatedly made thereafter, for instance R v Foley [2019] NICA 44 §27, R v Rawlinson [2018] EWCA Crim 2825 [2019] 1 WLR 25......
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JM’s Application
...connection with “priority need”). 60. The applicants rely on Re TP (a minor), Re Anne-Marie McCallion [2007] NIQB 76 and R v CK (a minor) [2009] NICA 17 to support their contention that the courts have demonstrated a growing regard for the UNCRC. The applicants say these authorities show, i......
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The Queen v Kazia Chandler
...is below 18 years. Approved: Dicta of Byron CJ in Desmond Baptiste and Others OECS Criminal Appeal No. 8 of 2003 at para 30. Considered: R v CK [2009] NICA 17 ; United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules); United Nations Conv......
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