R v L
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 20 May 2014 |
| Neutral Citation | [2014] NICA 40 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 20 May 2014 |
| Year | 2014 |
1
Neutral Citation No: [2014] NICA 40 Ref:
GIR9278
Judgment: approved by the Court for handing down Delivered:
20/05/14
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
L
________
Before: Morgan LCJ Girvan LJ and Coghlin LJ
_________
GIRVAN LJ (delivering the judgment of the court)
INTRODUCTION
[1] This is an appeal by the defendant/appellant (“the defendant”) with leave of
the single judge, Gillen J, against his conviction in respect of multiple sexual offences
arising out of historic sexual abuse by the appellant of his younger sister (“the
complainant”). The appellant appeals on the ground the learned trial judge erred in
not discharging a member of the jury when it was discovered that the juror knew the
brother-in-law of the appellant and the complainant who was a witness in the trial.
Alternatively, the appellant contends that the learned trial judge erred in not
discharging the whole jury.
[2] Mr Rodgers QC and Mr Reel appeared for the appellant. Mr Mateer QC and
Mrs Kennedy appeared for the Crown. The court is indebted to counsel for their
helpful written and oral submissions.
[3] On 13 May 2013 the appellant was returned for trial at the Crown Court
sitting in Londonderry on a total of 12 counts alleging sexual offences including rape
and attempted rape. At his arraignment on 4 June 2013 he pleaded not guilty to all
counts. On 30 September 2013 two of the counts were severed from the indictment
to be proceeded with on a separate indictment and trial. The appellant’s trial on the
remaining 10 counts commenced on 30 September 2013 before His Honour
Judge Fowler QC sitting with a jury. On 7 October 2013 the jury returned the
following verdicts:
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