Queen v Martin McNally and Joseph McManus
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 16 January 2009 |
| Neutral Citation | [2009] NICA 3 |
| Date | 16 January 2009 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2009 |
1
Neutral Citation no. [2009] NICA 3 Ref:
KER7365
Judgment: approved by the Court for handing down Delivered:
6/1/09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
THE QUEEN
v
MARTIN McNALLY and JOSEPH McMANUS
____________
Before Kerr LCJ, Higgins LJ and Coghlin LJ
____________
KERR LCJ
Introduction
[1] This is a prosecution appeal, taken by leave of Her Honour Judge
McReynolds the trial judge, from a ruling made on the application of Martin
McNally and Joseph McManus that proceedings against them for armed
robbery and going equipped for theft be stayed on the ground that the
continuation of the proceedings against them would constitute an abuse of
process.
[2] Mr McNally and Mr McManus had been jointly charged with: (a) the
armed robbery of a Group 4 Securicor guard as he collected cash from the
Northern Bank on Market Street in Downpatrick on 30 January, 2007; and (b)
going equipped for theft in that a false number plate was found in the car
used in the robbery. Before the trial began, applications were made on behalf
of both respondents to stay the proceedings as an abuse of the process. Her
Honour Judge McReynolds acceded to these applications on 2 May, 2008.
Factual background
[3] Shortly after 3.25 pm on 30 January, 2007 Robert Skillen, a Group 4
Securicor guard was approached by a man outside the Northern Bank in
Market Street Downpatrick. The man threatened Mr Skillen with a large
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