R v TJ

JurisdictionNorthern Ireland
JudgeStephens LJ
Judgment Date14 May 2018
Neutral Citation[2018] NICA 31
CourtCourt of Appeal (Northern Ireland)
Date14 May 2018
1
Neutral Citation No: [2018] NICA 31
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: STE10683
Delivered: 14/05/2018
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
TJ
________
Before: Stephens LJ, Treacy LJ and McBride J
STEPHENS LJ (giving the judgment of the court)
Introduction
[1] On 6 February 2017 the appellant, TJ, was convicted at Omagh Crown Court
on 15 counts of sexual offences including counts of gross indecency or inciting gross
indecency with a child, indecent assault or attempted indecent assault on a female,
rape and buggery with a girl. The counts related to a period of alleged offending
between 18 May 2002 and 1 September 2005. On 24 April 2017 concurrent sentences
were imposed by Deputy Judge Smyth QC. The overall effective sentence was one
of 8 years 6 months imprisonment. The longest sentences of imprisonment were
imposed for the offences of buggery though it is appropriate to record that the rape
convictions attracted concurrent sentences of 7 years’ imprisonment and 3 years’
probation.
[2] The complainants in relation to these sexual offences were sisters and also
stepsisters of the appellant. We anonymise their identity with the cyphers CG and
DG.
[3] On 6 December 2017 the single judge, McCloskey J, gave leave to appeal
against conviction. The appeal was heard on 13 March 2018 and on 21 March 2018
we allowed the appeal quashing the convictions with reasons to follow. We allowed
time for the prosecution to consider whether they were seeking a retrial and we also
listed that issue for hearing on 20 April 2018. A written judgment was delivered on
20 April 2018 and this court was informed that the prosecution was seeking a retrial
in relation to the counts relating to the complainant CG but they were not seeking a

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