R v Maughan and Another (No. 2)
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2020] NICA 19 |
| Date | 23 March 2020 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No [2020] NICA 19
Ref:
STE11238
Judgment: approved by the Court for handing down
Delivered:
23-3-2020
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
THE QUEEN
-v-
JOHN PATRICK MAUGHAN
and OWEN JOHN MAUGHAN
(Number 2)
_________
Before Stephens LJ, Treacy LJ and Keegan J
________
Stephens LJ (delivering the judgment of the court)
Introduction
[1] John Patrick Maughan and Owen John Maughan (“the appellants”) brought
an appeal against the sentences imposed on them by HHJ Miller QC. The appeal
raised a number of issues including the appropriate reduction to a sentence when an
offender pleads guilty at arraignment but does not indicate his intention to plead
guilty at the outset. On 25 November 2019 this court dismissed their appeals under
citation [2019] NICA 66 but granted legal representation in relation to the appeal for
solicitor and two counsel. By notices dated 28 November 2019 and 4 December 2019
the appellants sought leave to appeal to the Supreme Court under section 31(2) of
the Criminal Appeal (Northern Ireland) Act 1980 (“the 1980 Act”). On 17 December
2019 we certified that a point of law of general public importance was involved in
our decision dated 25 November 2019 but refused leave to appeal to the Supreme
Court. In the order dated 17 December 2019 we granted the parties liberty to apply
for legal aid in relation to the application before this court for leave to appeal to the
Supreme Court. By letter of the same date an application was made on behalf of
Owen Maughan for “legal aid” and this judgment relates to that application.
The issue certified as a point of law of general public importance
[2] After their arrest both of the appellants refused to be interviewed by the police
but they subsequently pleaded guilty to a series of offences. The guidance of this
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Harkin, Kevin Barry and Republic of Ireland
...to call on counsel representing the requesting state. In this respect the analogy with criminal appeals is appropriate: see R v Maughan [2020] NICA 19 at [15]. Where criminal appeals are concerned, it is the established practice of the Northern Ireland Court of Appeal to refuse to grant leg......