R v S and C
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 2015 |
| Neutral Citation | [2015] NICA 51 |
| Year | 2015 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 03 July 2015 |
1
Neutral Citation No. [2015] NICA 51 Ref:
COG9707
Judgment: approved by the Court for handing down Delivered:
03/07/2015
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
S and C
________
Before: Morgan LCJ, Coghlin LJ and Gillen LJ
_________
COGHLIN LJ (giving the judgment of the court)
[1] S and C are two brothers each of whom has been granted leave by the Single
Judge to appeal their convictions of sexual abuse of S’s two children Y and Z. Those
convictions were handed down at the conclusion of a trial before His Honour Judge
Kerr and a jury at Londonderry Crown Court on 6 February 2014. The names of the
appellants and the injured parties have been anonymised because of the
involvement of children. No person should publish any material which is intended
or likely to identify the appellants or any child involved in these proceedings except
insofar as may be permitted by direction of the court.
[2] On 27 June 2013 the two appellants, together with a third male, G, were
returned for trial at Londonderry Crown Court in relation to a multitude of offences
alleging sexual abuse of the two children Y and Z between 1990 and 1998. The
appellants also faced a number of further counts alleging sexual abuse of their sister
X between 1968 and 1987. At their arraignment on 20 August 2013 both the
appellants pleaded not guilty to all counts. On 20 January 2014 C was re-arraigned
and pleaded guilty to one count of attempting to rape his sister X, ten counts of
indecently assaulting her and two counts of gross indecency with or towards her.
On 3 February 2014 S pleaded guilty to 11 counts of indecently assaulting his sister,
X, and three counts of gross indecency with or towards her.
[3] For the purposes of the appeal Mr McMahon QC and Mr Reel appeared on
behalf of the appellant S while Mr Rodgers QC and Mr Kearney represented the
appellant C. Ms Orr QC and Mr Connell appeared on behalf of the DPP. The court
wishes to acknowledge the assistance that it derived from the carefully prepared and
attractively delivered submissions advanced by all sets of counsel.
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2 cases
-
Queen v BJ
...once the jury had indicated a resolution to all of the counts (see R v Harbinson [2012] NICA 20, R v A [2014] NICA 2 R v S and C [2015] NICA 51 and R v Smyth [2018] NICA 10). After a period of further deliberation the verdicts of the jury were taken and it transpired that the verdicts on co......
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R v Smyth (Joseph Henry)
...the position in sexual abuse cases as this court has pointed out in R v Harbinson [2012] NICA 20, R v A [2014] NICA 2 and R v S and C [2015] NICA 51. In this case the issue would probably have depended upon whether there was any possibility that the publication of the verdicts on Counts 2 a......