JB, R v [2018] NICA 6 (11 June 2018)

JB, R v [2018] NICA 6 (11 June 2018)

The Court held that the trial judge acted within his discretion in refusing to stay the proceedings or admit evidence of previous acquittals, and that the jury was properly directed regarding the impact of inconsistencies in the complainant's evidence. The amendments to the indictment and directions given did not render the conviction unsafe. The appeal was therefore dismissed.

Citation
[2018] NICA 6
Parties
Prosecution: Regina; Applicant/defendant: JB
Jurisdiction
Northern Ireland
Judgment Date
11 June 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Abuse of Process, Admissibility of Acquittals, Indecent Assault, Rape, Incest, Jury Directions, Credibility of Witnesses
Criminal Law Sexual Offences Appellate Procedure Abuse of Process Admissibility of Acquittals Indecent Assault Rape Incest +2 more

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Parties

Regina

Prosecution

JB

Applicant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether retrying the applicant after acquittal on incest counts constituted an abuse of process
  2. 2 Whether evidence of previous not guilty verdicts should have been admitted
  3. 3 Whether amendments to the indictment and jury directions regarding inconsistencies in complainant's evidence rendered the conviction unsafe

Ratio Decidendi

The Court held that the trial judge acted within his discretion in refusing to stay the proceedings or admit evidence of previous acquittals, and that the jury was properly directed regarding the impact of inconsistencies in the complainant's evidence. The amendments to the indictment and directions given did not render the conviction unsafe. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed; conviction upheld