Queen v Wilkinson (William)
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 24 June 2011 |
| Neutral Citation | [2011] NICA 29 |
| Date | 24 June 2011 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2011 |
1
Neutral Citation No. [2011] NICA 29 Ref:
GIR8203
Judgment: approved by the Court for handing down Delivered:
24/06/11
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL FOR NORTHERN IRELAND
_______
REGINA
-v-
WILLIAM WILKINSON
_______
Before: Girvan LJ, Coghlin LJ and Hart J
_________
GIRVAN LJ (delivering the judgment of the court)
Introduction
[1] This is an appeal against conviction on one count of rape and one of
attempted rape both contrary to common law. Leave to appeal was granted
by the single judge on 12 January 2011. The appellant was charged on count 1
with rape and on count 2 attempted rape in respect of M (“the complainant”).
The facts giving rise to the charges arose out of an incident which occurred on
21 August 2008. The appellant pleaded not guilty to the charges at Antrim
Crown Court and was tried before His Honour Judge Miller QC (“the trial
judge”) and a jury. On 26 May 2010 he was found guilty on count 2 by a
unanimous jury verdict. On 27 May 2010 he was found guilty on count 1 by a
majority verdict (10 to 2). On 30 June 2010 the trial judge sentenced the
appellant to seven years imprisonment on the charge of rape and seven years
imprisonment (concurrent) on the charge of attempted rape. The trial judge
also made an order under Article 26 of the Criminal Justice (Northern Ireland)
Order 1996 and he also made a Sexual Offenders Prevention Order pursuant
to Section 107 of the Sexual Offences Act 2003.
[2] Leave was also granted in respect of an application to appeal against
sentence. On the hearing before this court on 6 June 2011 submissions were
made only in relation to the appeal against conviction. The appeal against
sentence will have to be dealt with at a later date.
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