R v Killen
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1974 |
| Date | 01 January 1974 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Firearms -Whether misdirection by trial judge - Whether onus on accused to disprove possession and knowledge of possession - Northern Ireland (Emergency Provisions) Act, 1973 (c. 53), s. 7
The appellant was convicted on several counts of possessing firearms and ammunition. He appealed on the ground that the trial judge had misdirected himself as to the effect of s. 3 sub-s. 1 of the Northern Ireland (Emergency Provisions) Act, 1973. Held, allowing the appeal, that the court has a discretion with regard to the application of sub-s. 1 of s. 7 and, although it places an onus on the accused to disprove his knowledge of possession, it should not be used unless, having done so, the court will be left satisfied beyond reasonable doubt of the guilt of the accused.
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R v DPP ex parte Kebeline
...burden in subsection (4) of section 16A. He also recognised the force of the decision of the Court of Appeal in Northern Ireland in Reg. v. Killen [1974] N.I. 220, in which it was held that an identical provision in section 7(1) of the Northern Ireland (Emergency Provisions) Act 1973 placi......
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Queen v Raymond James Craig McMaster
...of the ordinary criminal law, and we feel that its application must be viewed in the most circumspect manner” per Lowry LCJ in R v Killen (1974) NI 220. Hutton LCJ referred to an example where the presumption could be properly applied, being a case where the evidence raised a very substanti......
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R v McLernon
...s. 9 in convicting the appellant and was entitled to reject as a contrived falsehood the appellant's written statement. R. v. KillenDNI [1974] N.I. 220 followed. (2) A trial judge was entitled to draw an inference against an accused under art. 3 of the 1988 Order, before the accused or any ......