R v McClenaghan (Fred)
| Jurisdiction | Northern Ireland |
| Judge | Gillen LJ |
| Neutral Citation | [2016] NICA 51 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 07 December 2016 |
1
Neutral Citation: [2016] NICA 51 Ref:
GIL10108
Judgment: approved by the C ourt for handing down Delivered:
07/12/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
FRED McCLENAGHAN
Applicant
_________
Before: Gillen LJ, Weatherup LJ and Madam McBride J
_________
GILLEN LJ (giving the judgment of the court)
[1] The applicant in this case seeks leave to appeal against his conviction on 5
November 2014 on counts of murder and possession of a firearm with intent to
endanger life. On 16 December 2014 he was sentenced to life imprisonment and to
serve a minimum term of 16 years of his life sentence on the former count and 15
years concurrently on the latter count. He has appealed the conviction of murder
and was refused leave to appeal by the Single Judge Mrs Justice Keegan.
[2] Mr McCrudden QC appeared on behalf of the applicant with Mr Duffy.
Mr Weir QC appeared on behalf of the prosecution with Mr Connor.
[3] There are essentially three issues in this case. First, whether or not the learned
trial judge ought to have left to the jury the alternative verdicts of manslaughter by
gross negligence and unlawful act manslaughter. Secondly, whether or not the
learned trial judge erred in his direction to the jury in relation to how he dealt with
the applicant’s failure to give evidence. Thirdly the manner in which the learned trial
judge dealt with the applicant’s plea to manslaughter at the outset of the trial and
which was not accepted by the Crown.
Background
[4] The applicant was originally tried and convicted on 3 July 2012 on both
counts (hereinafter called “the original trial”). On 29 January 2014 the Court of
Appeal quashed the murder conviction and ordered a retrial on that charge.
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R v TJ
...by the Supreme Court in R v Maxwell [2010] UKSC 48 and by this court in R v Hewitt and Anderson [2005] NICA 38 and R v McClenaghan [2016] NICA 51. The test is a broad and uncomplicated test as to whether the interests of justice require a retrial having regard to all the circumstances of th......