R v James William Taggart
| Jurisdiction | Northern Ireland |
| Judge | Weir LJ |
| Judgment Date | 27 January 2017 |
| Neutral Citation | [2017] NICA 5 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 27 January 2017 |
Neutral Citation: [2017] NICA 5
Ref:
WEI10166
Judgment: approved by the Court for handing down
Delivered:
27.01.2017
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
- v –
JAMES WILLIAM TAGGART
________
Before: Morgan LCJ, Weir LJ and Colton J
________
Weir LJ (delivering the judgment of the court)
The nature of the appeal
[1] This is an appeal with leave of the single judge against the sentence
imposed by Her Honour Judge McReynolds following the appellant’s
conviction on 29 September 2014 at Dungannon Crown Court of one count
of rape contrary to Article 5(1) of the Sexual Offences (Northern Ireland)
Order 2008 and one count of common assault contrary to section 47 of the
Offences against the Person Act 1861. An application for leave to appeal
against conviction was not pursued.
[2] The sentence imposed on 26 March 2015 was an extended custodial
sentence consisting of a custodial element of nine years with two years’
extended licence for the rape and a concurrent sentence of three months
imprisonment for the assault. The appeal relates to the sentence imposed
on the count of rape which it is contended was manifestly excessive and
wrong in principle.
[3] Counsel for the appellant were Mr Gallagher QC with Mr Swift and
for the prosecution Mr Weir QC with Ms Gallagher. We acknowledge the
considerable assistance afforded by the written and oral submissions.
Factual background
[4] On the night of 15/16 February 2012 the appellant and the injured
party were both out in Enniskillen. They were aged 17 and a half and 19
respectively, had been previously acquainted and had kissed on more than
one prior occasion. On this night both had been drinking and met in a bar
in Enniskillen. The injured party left her car back to her home and then, on
a second visit to the bar, the two parties met up and kissed both in the
licensed premises and in a taxi en route to the applicant’s home.
[5] CCTV footage within the licensed premises showed interaction
between the applicant and the injured party which included kissing and
dancing. In the words of the sentencing judge “the interaction was far from
one sided”, although the injured party suggested in her evidence that at
times she acted dismissively towards the applicant.
[6] There was common evidence given by the injured party and the
appellant in respect of some of the verbal exchanges within the nightclub,
such as discussion of the injured party becoming the girlfriend of the
applicant and there were points at which their recall of the discussion was
at odds. There was considerable consumption of alcohol by both parties.
[7] It was agreed that the injured party would return to the appellant’s
house and
share his bed. However the injured party gave evidence that she clearly
stated that there would not be any question of sexual intercourse, saying
that she was menstruating. She said that she got into the bed fully clothed
and that the applicant also got into bed. There was some more kissing and
she asserted that he tried to pull her round to face him. The injured party
stated that she said “no, I just want to go to sleep” whereupon she said that
the applicant “flipped” in that he became frighteningly violent and
grabbed her neck, effectively throttling her, initially with both hands and
then with one. She described the downward pressure applied as being such
that she could scarcely breathe and that she feared for her life. She gave
evidence that then with his other hand the applicant removed her clothing
and that he got on top of her and penetrated her.
[8] The appellant did not give evidence at his trial but in his interviews
with the Police he accepted that he got on top of the injured party. He said
he sat there for a brief time and penetrated her but he claimed that at that
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