Queen v Brian Shivers
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 15 January 2013 |
| Neutral Citation | [2013] NICA 4 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 15 January 2013 |
| Year | 2013 |
1
Neutral Citation No: [2013] NICA 4
Ref:
MOR8711
Judgment: approved by the Court for handing down
Delivered:
15/01/2013
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
BRIAN SHIVERS
________
Before: Morgan LCJ, Higgins LJ and Girvan LJ
________
MORGAN LCJ (giving the judgment of the court)
[1] The appellant appeals his conviction by Hart J on two counts of murder, six
counts of attempted murder and one of possession of two firearms and ammunition
with intent to endanger life arising out of the attack by two gunmen on several
soldiers who emerged from the gates of Masserene camp on the night of 7 March
2009. He was sentenced to life imprisonment with a minimum tariff of 25 years on
the murders and life imprisonment with a minimum term of 10 years on the other
counts. Mr O’Connor QC and Mr Bentley appeared on behalf of the appellant and
Mr Mooney QC and Ms Kitson on behalf of the prosecution. We are grateful to all
counsel for their helpful written and oral submissions.
Background
[2] The background to these offences was an attack by two gunmen armed with
Romanian AK47 assault rifles on several soldiers who had emerged from the gates of
Masserene Camp on the night of 7 March 2009 to collect pizzas they had ordered.
The gunmen were determined to kill as many people as possible, not only the
soldiers who were dressed in uniform, but the civilian drivers who were in the
process of making the deliveries and a civilian security guard. It is not alleged by the
prosecution that the appellant was one of the gunmen and there was no evidence
that he was in the car used by them from which they carried out the attack. The
attack was claimed by the Real IRA.
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6 cases
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Queen v Brian Patrick Shivers
...other persons. 5 [17] In the judgment of the Court of Appeal in Northern Ireland ordering the quashing of the convictions of Mr Shivers, [2013] NICA 4, one finds this at paragraph [19]. “In our view this was not a secondary party case in which contemplation of an offence arose and the convi......
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The State v Peters
...her will by the accused and others at the red brick house where she was subsequently killed. 49 Learned Counsel also cited R v. Shivers [2013] NICA 4. This case is factually distinguishable from the matter at bar. In that case, it should be noted that the Court of Appeal cited as the leadin......
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The State v Peters et Al
...to witness that crime. In this instance, there is evidence from Keon Gloster to the contrary. 27 Defence counsel also cited R v. Shivers [2013] NICA 4. In that case, the appellant appealed his conviction for murder and possession of a firearm and ammunition. It was not alleged by the prosec......
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Queen v Seamus Martin Kearney
...[58] (the defendant’s DNA was on a seatbelt buckle and part of a latex glove found in an abandoned car) and Morgan LCJ in R –v- Shivers [2013] NICA 4 (the defendant’s DNA was on matches found in an abandoned car). The circumstances of this case clearly differentiate it from these examples, ......
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