R v CZ
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 20 December 2018 |
| Neutral Citation | [2018] NICA 53 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 20 December 2018 |
1
Neutral Citation No: [2018] NICA 53
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: MAG10793
Delivered: 20/12/2018
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
CZ
________
Before: Stephens LJ, Maguire J, McAlinden J
________
MAGUIRE J
Introduction
[1] The applicant/appellant (hereinafter “the applicant”) in this appeal is CZ. He
is a man currently aged 51.
[2] On 9 December 2010 the applicant was convicted at Newry Crown Court of a
number of serious sexual offences the victims of which have a familial connection to
him for which reason he is anonymised in this judgment to protect their identities.
As a result, on 10 March 2011, he was sentenced by His Honour Judge Lockie to a
term of 14 years imprisonment. A number of ancillary orders were made, including
a sexual offences prevention order (“SOPO”).
[3] The appeal before the court relates to this SOPO. The order made at the time
of sentencing was for the SOPO to last for a period of five years beginning on the
date of the applicant’s release from custody. That date was 7 December 2017.
Accordingly, the applicant has been subject to this order for some 12 months as at
the date of writing.
[4] While the applicant appealed against his conviction and sentence at the time,
the SOPO was not the subject of an appeal. However, subsequent to the applicant’s
release, the applicant applied to the Crown Court to have it discharged.
[5] As part of the court process for dealing with the applicant’s application
aforesaid, the Police Service of Northern Ireland (“PSNI”) were put on notice so that
they could respond to it.
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2 cases
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Queen v Gerald O'Hara
...and comprehensible terms which are proportionate and not oppressive, as emphasised in Simpson (supra) and, more recently, R v CZ [2018] NICA 53 at [67] – [70]. [52] Reverting to the present case, the thrust of the second ground of appeal is that the statutory test of necessity was not satis......
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R v QD Director of Public Prosecution's Reference (Number 6 of 2019)
...under section 104(1) of the 2003 Act were considered by this court in R v Shannon [2008] NICA 38, R v Simpson [2014] NICA 83 and R v CZ [2018] NICA 53. We adopt but do not considered it necessary to repeat what Campbell LJ stated in R v Shannon in delivering the judgment of the court in tha......