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R v McClean and Others

Northern Ireland Law Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1967
Date01 January 1967
CourtCourt of Criminal Appeal (Northern Ireland)
(C.C.A.)
R
and
McClean and Others

Separate trials - Joint offenders - Murder - Capital and non-capital murder - Whether distinct offences - Criminal Justice Act (Northern Ireland), 1966, ss. 9, 10, 11 -Conspiracy - Murder in furtherance of seditious conspiracy - Evidence.

The three appellants, McC., W., and S., were tried together on an indictment containing two counts: (i) murder, (ii) capital murder done in the course or furtherance of a seditious conspiracy. The case for the Crown was that the deceased and three friends were waylaid and fired upon by the appellants and a fourth man not in custody, and that the motive for the attack was that the appellants were acting in the name of "The Ulster Volunteer Force" and that they believed the deceased and his friends to be "I.R.A. men". Evidence adduced by the Crown included two written statements made by McC. and W. respectively. The appellants were acquitted of capital murder, but convicted of murder, and they appealed against this conviction on the grounds: (i) that the trial judge was wrong in refusing separate trials for the three appellants; (ii) that evidence contained in the written statements of McC.and W. tending to show that the crime charged was one of a series of criminal acts done by members of "The Ulster Volunteer Force" was wrongly admitted and was highly prejudicial; (iii) misdirection of the jury by the trial judge on a number of material matters. Held, by the Court of Criminal Appeal, dismissing the appeal, (i) that where two or more persons are indicted for an offence committed in the course of a common enterprise, they should be jointly tried unless the interests of justice require separate trials; that though the refusal of a separate trial which the accused seeks on the assumed ground that it will improve his chances of acquittal will in the ordinary course make his acquittal less likely, this must be balanced against the principle that joint offenders should be tried together, and a separate trial should...

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