Queen v Benedict Mackle, Plunkett Jude Mackle, Patrick Mackle and James Anthony Sloan
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 16 October 2007 |
| Neutral Citation | [2007] NICA 37 |
| Year | 2007 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 16 October 2007 |
1
Neutral Citation no. [2007] NICA 37
Ref:
KERF5952
Judgment: approved by the Court for handing down
Delivered:
16/10/07
(subject to editorial corrections)*
IN HER MAJESTY'S COURT OF APPEAL IN NORTHERN IRELAND
____________
THE QUEEN
v
BENEDICT MACKLE, PLUNKETT JUDE MACKLE, PATRICK MACKLE
AND JAMES ANTHONY SLOAN
____________
Before Kerr LCJ, Campbell LJ and Girvan LJ
____________
KERR LCJ
Introduction
[1] This is an application by Benedict Mackle, Patrick Mackle and James
Anthony Sloan for leave to appeal against a ruling made under section 44 of
the Criminal Justice Act 2003 by Stephens J on 27 June 2007 that their trial and
that of Plunkett Jude Mackle on charges of evasion of duty on a substantial
quantity of cigarettes and, in the case of Mr Sloan, unlawful disclosure of
information contrary to Section 4(1) of the Official Secrets Act 1989, should be
conducted without a jury. Mr Plunkett Mackle has not applied for leave to
appeal the ruling.
Background
[2] On 8 November 2006 the trial of the applicants began before Hart J and a
jury at Belfast Crown Court. On 29 November 2006 the judge was informed
by Mr McCollum QC, who appeared for the prosecution, that a member of the
jury had reported that two partly masked men had come to his home on the
evening of 27 November 2006. They had offered him money for information
about the case. He had refused to have any dealings with the men but
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4 cases
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R v Twomey; R v Blake; R v Cameron; R v Hibberd
...would find a way round such measure. Beyond saying that of course the court has had well in mind on the authorities, in particular that of Mackle, such things as the reasonableness of the expenditure in a long trial of this kind and the effect on manpower of the police service responsible a......
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Queen v Clarke (Michael Patrick) and McStravick (Stephen Paul) Ruling No. 4
...paragraphs [36] – [41]. I would add that while the Court of Appeal made the final decision in that case – see The Queen –v- Mackle [2007] NICA 37 - the context of the proceedings was an application and order under Section 44, with Section 46 featuring only tangentially. [13] Per Section 46(......
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In the matter of an application by Patrick McParland and John McParland for Judicial Review
...civic duties such as serving on juries can, partly as a result of this, be easily identified and, as the recent case of R v Mackle [2007] NICA 37 has shown, they are all too readily vulnerable to alarming approaches from malevolent individuals. [39] The descent of relative peace on our soci......
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R v J & Others
...the forefront of their consideration. In other words, basing himself on the particular considerations identified in the judgment in R v Mackle and others at paragraph 33, he was concerned that “the compromise of the jury's integrity in a trial, on these particular issues, would be incurable......
2 books & journal articles
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Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court
...trial should be held bya judge alone, under the Criminal Justice Act 2003, s 44, given an earlier instance of apparentjury tampering: [2007] NICA 37. Stephens J’s decision is at [2007] NIQB 105.120 [2011] NICA 31 per Morgan LCJ, Girvan and Coghlin LJJ; judgment delivered by Girvan LJ.Later,......
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Court of Appeal
...did not create any sort ofconclusive presumption that their was a real and present danger, nor asSir Brian Kerr LCJ said in R v Mackle [2008] NI 183 ‘does it create “apresumption” in favour of trial without a jury’. The exemplary circum-stance under s. 44(6)(c) may raise some questions. It ......