R v Smith
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 19 June 2006 |
| Neutral Citation | [2006] NICA 34 |
| Date | 19 June 2006 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2006 |
1
Neutral Citation No. [2006] NICA 34
Ref:
KERC5626
Judgment: approved by the Court for handing down
Delivered:
19/06/2006
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
GERARD ROBERT SMITH
________
Before Kerr LCJ, Campbell LJ and Sheil LJ
________
KERR LCJ
Introduction
[1] This is an application by Gerard Robert Smith for leave to appeal against
his conviction of two offences of indecent assault contrary to section 52 of the
Offences against the Person Act 1861 and for leave to have time extended
within which the application might be made. The applications were heard on
19 June 2006 and on that date we dismissed both applications and indicated
that we would give our reasons later. In this judgment we now provide those
reasons.
Factual Background
[2] The applicant was born on 17 May 1972. In March 2003, he was tried
before His Honour Judge Markey QC and a jury at Belfast Crown Court on
ten counts of sexual offences committed against his cousin whom we shall
refer to as the complainant. On 6 March 2003, the applicant was convicted by
a jury on two counts of indecent assault. These related to incidents alleged to
have occurred in the period from 1987 to 1989, when the applicant was
between 14 and 17 years old and the complainant was between 9 and 12 years
of age.
To continue reading
Request your trial