R v RH
| Jurisdiction | Northern Ireland |
| Judge | Deeny LJ |
| Judgment Date | 06 July 2018 |
| Neutral Citation | [2018] NICA 28 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 06 July 2018 |
FINAL – APPROVED
1
Neutral Citation No: [2018] NICA 28
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: DEE10530
Delivered: 06/07/2018
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
RH
________
Before: Morgan LCJ, Deeny LJ and Maguire J
________
DEENY LJ (delivering the judgment of the Court)
[1] This is an appeal by way of reference from the Criminal Cases Review
Commission (“CCRC”) pursuant to the powers contained in Part II of the Criminal
Appeal Act 1995 in respect of the appellant’s convictions following a trial on
indictment concluding in December 2006. The original appeal was dismissed in
April 2008. Mr Brendan Kelly QC and Mr Barlow appeared for the appellant and
Mr Richard Weir QC with Mr Magee for the PPS. We are grateful to all counsel for
their helpful oral and written submissions.
[2] The appellant was convicted of both the rape and the indecent assault of a
female, then a child, to whom we shall refer as C in the course of this judgment.
Paragraphs [3] to [5] redacted
[6] The CCRC summarised four grounds on which it was referring this matter to
this Court:
(i) That the requirements of Article 24 of the Criminal Justice (Evidence)
(NI) Order 2004 appear not to have been followed in relation to the
evidence of I.
(ii) That the trial judge failed to properly direct the jury on the approach to
be taken on this evidence.
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