Queen v Terence Gerard McGeough
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NICA 22 |
| Year | 2013 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 07 May 2013 |
Neutral Citation No. [2013] NICA 22
Ref:
MOR8859
Judgment: approved by the Court for handing down
Delivered:
07/05/2013
(subject to editorial corrections)*
IN HER MAJESTY'S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE QUEEN
-v-
TERENCE GERARD McGEOUGH
Defendant/Appellant.
________
Before: Morgan LCJ, Higgins LJ and Girvan LJ
________
MORGAN LCJ (giving the judgment of the Court)
[1] The appellant was convicted by Mr Justice Stephens on 18 February 2011 of
attempted murder, possession of firearms with intent to commit an indictable
offence, and two counts of membership of the IRA covering the period from 1
January 1975 until 14 June 1981. The grounds of the appeal are that the learned trial
judge erred in refusing to stay the proceedings as an abuse of the Court’s process
and also erred in law in admitting the evidence characterised as the Swedish asylum
application.
Background
[2] Samuel Joseph Brush was a part-time member of the Ulster Defence Regiment
and a postman in 1981. His postal round included the home of Mrs Mary McGarvey,
approximately 4½ miles from Aughnacloy, County Tyrone, in the townland of
Cravenny Irish, which was approached by a narrow laneway off the Armalughey
Road. At around 6.00 am on 13 June 1981 two men claiming to be from the IRA and
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2 cases
-
R v McGeough
...UKSC 62 THE SUPREME COURT Michaelmas Term On appeal from: [2013] NICA 22 Lord Neuberger, President Lord Kerr Lord Hughes Lord Toulson Lord Hodge R and McGeough (Appellant) (Northern Ireland) Appellant Orlando Pownall QC Sean Devine (Instructed by Carlin Solicitors) Respondent David McDowel......
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R v Murray (Gerald)
...of his solicitor. Breach of Promise [2] The leading authority is R v Abu Hamza [2007] 1 Cr App R 27, approved by the NICA in R v McGeough [2013] NICA 22. At paragraph 50 of Hamza, Lord Phillips LCJ acknowledged the difficulties in formulating a proper test for abuse of process applications ......