Queen v Aaron Weir and Gary Colin Cromie
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 14 January 2013 |
| Neutral Citation | [2013] NICA 3 |
| Date | 14 January 2013 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2013 |
Neutral Citation No: [2013] NICA 3
Ref:
COG8690
Judgment: approved by the Court for handing down
Delivered:
14/01/13
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
AARON WEIR and GARY COLIN CROMIE
________
Before: HIGGINS LJ, GIRVAN LJ and COGHLIN LJ
________
COGHLIN LJ (delivering the judgment of the court)
[1] Aaron Weir and Gary Colin Cromie (“the applicants”) apply for leave to
appeal against their convictions for robbery and, in the case of Mr Cromie,
possession of an offensive weapon and criminal damage. Both applicants were
convicted on 22 September 2011 after a trial before His Honour Judge Smyth QC and
a jury commencing on 19 September. On 28 October 2011 His Honour Judge Smyth
sentenced each applicant to a determinate sentence of 6 years imprisonment in
respect of the conviction of robbery, 2 years and 6 months of that sentence to be
served in custody and the remainder to be served on licence. In addition, Cromie
received sentences of 9 months and 3 months concurrent respectively for the
offences of possession of an offensive weapon, namely a hammer, and criminal
damage. Separately, Mr Cromie had pleaded guilty to possession of a quantity of
cannabis in respect of which he received a 3 months concurrent sentence. Mr James
Gallagher QC and Mr Noel Dillon appeared on behalf of the applicant Cromie while
the applicant Weir was represented by Mr Brian McCartney QC and Ms Niamh
McCartney. Mr Paul Ramsey QC and Ms Sheena Mahaffey appeared on behalf of
the Public Prosecution Service. The court is grateful to all sets of counsel for their
carefully prepared and well marshalled written and oral submissions.
The factual background
[2] On 14 July 2010 Gareth Whiting and Emma Clarke were working in Aiken’s
Garage Store at Balloo, County Down. At about 8.30pm Gareth Whiting was
working on paper returns and looking out through a window at the forecourt. In a
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