Queen v Patrick Francis Joseph McDonagh
| Jurisdiction | Northern Ireland |
| Judge | Campbell LJ |
| Judgment Date | 05 February 2008 |
| Neutral Citation | [2008] NICA 6 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 05 February 2008 |
1
Neutral Citation No. [2008] NICA 6 Ref:
CAM7049
Judgment: approved by the Court for handing down Delivered:
5/2/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
PATRICK FRANCIS JOSEPH McDONAGH
________
Campbell LJ, Higgins LJ and Girvan LJ
CAMPBELL LJ
[1] The appellant, Patrick McDonagh, who is now 40 years of age, pleaded
guilty at Belfast Crown Court on 21 May 1998 to two counts of threat to kill; a
count of assault occasioning bodily harm contrary to s. 47 of the Offences
Against the Person Act 1861; a count of possession of an offensive weapon in
a public place; aggravated burglary and inflicting grievous bodily harm and
robbery. Each of these offences had been committed by him on 28 May 1997.
[2] On 19 November 1998 a hospital order was made (“the first hospital
order”) by the Crown Court in respect of each of these offences with
restrictions and without limit of time. This order was made under articles 44
and 47 of the Mental Health (Northern Ireland) Order 1986 (“the Mental
Health Order”).
[3] In the following month at the Crown Court sitting at Craigavon, on 7
December 1998, the appellant pleaded guilty to the attempted murder of a
fellow prisoner on 20 August 1997. A hospital order was made in respect of
this offence under the Mental Health Order (“the second hospital order”) with
restrictions and without time limit.
[4] An application to appeal against the first hospital order was lodged on
20 March 2006 and Nicholson L.J. extended the period in which the appellant
could apply for leave to appeal against the making of that hospital order.
When the application for leave to appeal to the single judge was considered
by Coghlin J. he indicated that he would be minded to grant leave and added
that it had come to his attention that the applicant was detained on foot of a
further hospital order (the second hospital order). At that stage the applicant
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4 cases
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Alexander Lewis Hutchison Reid V. Her Majesty's Advocate
...and one case from each of England and Wales (R v Hempston (David John)) and Northern Ireland (The Queen v Patrick Francis Joseph McDonagh [2008] NICA 6). In the Note of Argument he presented the submission in these terms: "44. Where an offender is sentenced to imprisonment, and fresh eviden......
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Alexander Lewis Hutchison Reid V. Her Majesty's Advocate
...v HM Advocate 2000 SCCR 119; Graham v HM Advocate 2005 SCCR 544; R v Hempston [2006] EWCA Crim 2869; and The Queen v Patrick McDonagh [2008] NICA 6. [14] There is no need, in our opinion, to endeavour to apply the test outlined by the Supreme Court in McInnes v HM Advocate 2010 SC (UKSC) 28......
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John Johnstone V. Her Majesty's Advocate
...at 122) and Graham v HM Advocate 2005 SCCR 544 (Lady Cosgrove, delivering the Opinion of the Court, at para [12]; see also R v McDonagh [2008] NICA 6, Campbell LJ, delivering the Opinion of the Court, at para [43]). It is an entirely different situation where, as here, the supposedly fresh ......
- Johnstone v HM Advocate