Queen v Thomas Leslie and Gerald Mooney
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 30 June 2008 |
| Neutral Citation | [2008] NICA 28 |
| Date | 30 June 2008 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2008 |
1
Neutral Citation No. [2008] NICA 28 Ref:
GIR7213
Judgment: approved by the Court for handing down Delivered:
30/6/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
THOMAS LESLIE AND GERALD MOONEY
________
GIRVAN LJ
The applications for leave to appeal
[1] Thomas Leslie and Gerald Mooney (“the applicants”) apply for leave
to appeal against the making of confiscation orders in the sum of £32,000
against each of them under section 156 of the Proceeds of Crime Act 2002
following their convictions for the theft of eleven quad bikes. A combination
order of 2 years probation and 100 hours community service was also
imposed on each of the applicants though there is no application to appeal
against the making of those orders. Leave to appeal was refused by the single
judge Stephens J on 11 December 2007.
[2] The applicants together with three others were charged with theft
contrary to section 1 of the Theft Act (Northern Ireland) 1969 in July 2004. On
20 July 2004 at approximately 2.20 am police on duty stopped two lorries and
a car following the lorries. The vehicles contained a number of quad bikes.
These items were identified as eleven quad bikes which had been stolen a
short time previously from a farm machinery business at Ballynaleckagh,
County Fermanagh.
[3] On 31 January 2006 the applicants and the three other accused were
convicted of the theft of the bikes on their pleas of guilty. They were
sentenced by Judge McFarland on 31 March 2006 following Rooney hearings
which took place on 30 and 31 January 2006. As noted the sentencing judge
sentenced each of the applicants to 100 hours community service and 2 years
probation. In the Rooney hearing and at the time of the imposition of the
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3 cases
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Richard Lambert First Ian Alexander Walding Second v The Queen The Secretary of State for the Home Department Intervenor
...recovery arose in that case. 32 Mr Fitzgerald relied on the decision of the Court of Appeal of Northern Ireland in Leslie & Mooney [2008] NICA 28. The court held, at paragraph 19: "In the exceptional circumstances of this case a number of factors lead to the conclusion that the principle o......
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Queen v Grew (Aidan) and McLaughlin (Hilary Patrick) AND Queen v Mackle (Patrick) and Mackle (Plunkett) and Mackle (Benedict)
...passing on the remainder; what matters is the capacity in which he received them.” [34] In this jurisdiction this court in R v Leslie [2009] NI 93 reviewed the authorities. In that case the applicants and three other accused persons were convicted of the theft of eleven quad bikes. They ple......
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R v Lambert (Richard) and Another
...upheld." 7 Miss Cecil's researches have revealed a decision of the Court of Appeal in Northern Ireland in the case of Leslie and Mooney [2008] NICA 28. That was a case in which the Court of Appeal came to the conclusion that on the facts the case fell within the exception identified by Lord......