Queen v Charles Malachy Oliver Pollock
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NICA 34 |
| Year | 2004 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 24 September 2004 |
1
[2004] NICA 34 Ref:
KERF5084
Judgment: approved by the Court for handing down Delivered:
24/09/2004
(subject to editorial corrections)
IN THE HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
CHARLES MALACHY OLIVER POLLOCK
________
Before Kerr LCJ, Campbell LJ and Higgins J
________
KERR LCJ
Introduction
[1] This is an application by Charles Malachy Oliver Pollock for leave to
appeal against his conviction on the charge of murder of Norman William
Thompson on 19 August 2000. The applicant had been tried on an indictment
containing five counts. Apart from the charge of murder, the other counts
were: - causing death by dangerous driving; driving whilst disqualified; using
a motor vehicle without insurance; and manslaughter.
[2] On 21 September 2001 the applicant pleaded guilty to the charges of
driving whilst disqualified and driving without insurance. On 16 November
2001 he pleaded guilty to causing death by dangerous driving and was tried
on the charge of murder between 13 May 2002 and 21 May 2002. In the course
of that trial on 20 May 2002, the charge of manslaughter was added to the
indictment and the applicant pleaded guilty to that charge. The jury failed to
agree on a verdict on the charge of murder and the applicant was tried again
on that charge before Coghlin J and a jury between 17 September and 24
September 2002. He maintained his plea of not guilty to murder but was
convicted by majority verdict (10 jurors for conviction and two against) at
Belfast Crown Court on 24 September 2002.
[3] On 19 December 2002 Coghlin J sentenced the applicant to life
imprisonment on the charge of murder and ordered that the release
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77 cases
- R v Mawhinney
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Queen v CK
...does not necessarily hold the key to a confident conclusion as to the essential truth of the complainant’s story. [28] In R v Pollock [2004] NICA 34, this court discussed how the test of whether a conviction is unsafe under section 2(1) of the Criminal Appeal (Northern Ireland) Act 1980 sho......
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Queen v Barry McCarney
...appeal against conviction if it thinks that the conviction is unsafe and shall dismiss such an appeal in any other case. In R v Pollock [2004] NICA 34 Kerr LCJ analysed Section 2(1), various authorities and the approach of the Court of Appeal in an appeal against conviction. At paragraph 32......
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Queen v Michael Devine
...to the court’s decision and that it has to assess the impact of each of the grounds of appeal. Governing Principles [58] In R v Pollock [2004] NICA 34, Kerr LCJ set out the following well-known principles to be applied by the Court of Appeal when considering criminal appeals (which includes......
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1 books & journal articles
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Don't Mention the War: The Court of Appeal, the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland
...the safety of convictions’ [2006] Crim LR 809; R. Grist ‘TheCCRC: Real Possibilities and Lurking Doubts’ (2012) 176 JPN 9.145 RvPollock [2004] NICA 34 at [32].146 See for example, R. Pattenden, ‘The Standards of Review for Mistake of Fact in the Court ofAppeal, Criminal Division’ [2009] CLR......