The King v Paul Martin McKerr
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 01 February 2024 |
| Neutral Citation | [2024] NICA 8 |
| Date | 01 February 2024 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2024] NICA 8
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12415
ICOS No: 19/27592/A01
Delivered: 01/02/2024
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
THE KING
v
PAUL MARTIN McKERR
___________
Mr Hutton KC with Mr Forde (instructed by Phoenix Law Solicitors) for the Appellant
Mr D Russell (instructed by the PPS) for the Crown
___________
Before: Keegan LCJ, Treacy LJ and Fowler J
___________
Ex Tempore
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] We are grateful for the written arguments that we have had a chance to read
before today and we have listened carefully to the oral submissions. We are,
therefore, in a position to give a ruling today. I will summarise the ruling of this
court.
[2] This is an appeal from conviction after a trial before His Honour Judge Kerr
KC (“the judge”) sitting as a judge alone on 6 July 2023 with his written reasons
provided thereafter on 18 July 2023. The appellant was convicted of two charges,
namely possession of a firearm or ammunition in suspicious circumstances contrary
to Article 64 of the Firearms (Northern Ireland) Order 2004, and possession of a
firearm other than a handgun without a firearm certificate, contrary to Article 3(1)(b)
of the same 2004 Order. The appellant was thereafter sentenced to nine months’
imprisonment which he has now served. His co-accused Shane Stevenson pleaded
guilty to a range of similar and additional offences and received a sentence of 16
months’ imprisonment.
[3] There are two core grounds of appeal which were ably argued before us by
Mr Hutton. The first is that the judge erred in failing to accede to a submission of no
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