R v ML
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 06 May 2015 |
| Neutral Citation | [2015] NICA 25 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 06 May 2015 |
| Year | 2015 |
1
Neutral Citation No. [2015] NICA 25
Ref:
COG9615
Judgment: approved by the Court for handing down
Delivered:
06/05/2015
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
ML
________
Before: Morgan LCJ, Girvan LJ and Coghlin LJ
________
COGHLIN LJ (delivering the judgment of the court)
[1] This is an application for leave to appeal from a trial by jury which terminated
on 19 March 2014 when the applicant was convicted of 25 counts of sexual activity
with a child contrary to Article 16 of the Sexual Offences (Northern Ireland) Order
2008 (the “2008 Order”). These were alternative counts that had been added to an
original indictment containing 29 counts comprising 7 counts of sexual assault
contrary to Article 7(1) of the 2008 Order, one count of sexual assault by penetration
contrary to Article 6(1) of the 2008 Order and 21 counts of rape contrary to Article
5(1) of the 2008 Order. One of the convictions was reached by a majority of 11-1 and
the rest were reached by a majority of 10-2. Mr Brian G McCartney QC and Mr
Desmond Fahy appeared on behalf of the applicant while the prosecution was
represented by Mr Philip Mateer QC and Mr Michael McAleer. This court wishes to
acknowledge the assistance that it derived from the carefully prepared and
succinctly delivered written and oral submissions from all counsel.
Background facts
[2] While in his early 20s the applicant started to go out with B, who was the
sister of the injured party, A. The applicant and B were married in January 2011.
The sisters came from a close and loving family, there was frequent contact with the
applicant and he was made to feel welcome in the family home.
[3] The prosecution case was that over the period from 28 February 2011 to
1 March 2012 the applicant engaged in a series of sexual acts with A. During that
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