R v Sinead Clarke
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge Miller KC |
| Neutral Citation | [2023] NICC 2 |
| Date | 02 February 2023 |
| Court | Crown Court (Northern Ireland) |
1
Neutral Citation No: [2023] NICC 2
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: 2023NICC2
ICOS: 22/049017
Delivered: 27/01/2023
LAGANSIDE CROWN COURT
R v SINEAD CLARKE
RULING
BEFORE HIS HONOUR JUDGE MILLER KC
1. The defendant is charged with possession of articles likely to be of use to
terrorists, contrary to section 58(1)(b) of the Terrorism Act 2000.
2. The information contained within the articles being personal details such as
names and addresses of nine persons together with information alleging
involvement in the illegal supply of drugs and anti-social behaviour
contained on seven notes which are exhibits JM1 – JM7 inclusive.
3. To prove its’ case the prosecution must prove the following elements of the
offence as per Blackstone [2023] D10.69 – 10.70 citing R v G [2009] UKHL 13,
[2010] 1 AC 43
(a) That the defendant had control of a record containing information that
was likely to provide practical assistance to a person committing or
preparing an act of terrorism.
(b) That the defendant was aware of having the record
(c) That the defendant knew the kind of information which it contained,
although it does not have to prove that the defendant knew everything
that was in the document or record.
4. In the present case, it is accepted by the defence that the prosecution has
proven the stated elements beyond reasonable doubt and that the only issue
at trial is whether the defendant can establish the statutory defence under
s.58(3) of the Terrorism Act 2000 that she had “a reasonable excuse for her
action or possession.”
5. It is common case that the defence having been raised it is for the prosecution
to rebut it to the criminal standard, that is prove beyond reasonable doubt
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