R v Taggart (James William)
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2017] NICA 5 |
| Date | 27 January 2017 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation: [2017] NICA 5
Ref:
WEI10166
Judgment: approved by the Court for handing down
Delivered:
27.01.2017
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
- v –
JAMES WILLIAM TAGGART
________
Before: Morgan LCJ, Weir LJ and Colton J
________
Weir LJ (delivering the judgment of the court)
The nature of the appeal
[1] This is an appeal with leave of the single judge against the sentence imposed
by Her Honour Judge McReynolds following the appellant’s conviction on
29 September 2014 at Dungannon Crown Court of one count of rape contrary to
Article 5(1) of the Sexual Offences (Northern Ireland) Order 2008 and one count of
common assault contrary to section 47 of the Offences against the Person Act 1861.
An application for leave to appeal against conviction was not pursued.
[2] The sentence imposed on 26 March 2015 was an extended custodial sentence
consisting of a custodial element of nine years with two years’ extended licence for
the rape and a concurrent sentence of three months imprisonment for the assault.
The appeal relates to the sentence imposed on the count of rape which it is
contended was manifestly excessive and wrong in principle.
[3] Counsel for the appellant were Mr Gallagher QC with Mr Swift and for the
prosecution Mr Weir QC with Ms Gallagher. We acknowledge the considerable
assistance afforded by the written and oral submissions.
Factual background
[4] On the night of 15/16 February 2012 the appellant and the injured party were
both out in Enniskillen. They were aged 17 and a half and 19 respectively, had been
previously acquainted and had kissed on more than one prior occasion. On this
night both had been drinking and met in a bar in Enniskillen. The injured party left
her car back to her home and then, on a second visit to the bar, the two parties met
To continue reading
Request your trial