Corrigan, R v [2014] NICA 85 (6 June 2014)
The conviction was quashed because the trial judge failed to adequately direct the jury that suspicion alone is not sufficient to establish knowledge, and did not properly instruct the jury on the relevance and use of bad character evidence, resulting in an unsafe conviction.
Source-derived case information.
- Citation
- [2014] NICA 85
- Parties
- Prosecution: The Queen; Appellant/defendant: Patrick Corrigan
- Jurisdiction
- Northern Ireland
- Judgment Date
- 06 June 2014
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- conviction quashed
- Legal Topics
- Bad Character Evidence, Propensity, Knowledge Requirement, Customs and Excise Offences, Jury Directions
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Patrick Corrigan
Appellant/defendant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in admitting bad character evidence under Article 6(1)(d) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004
- 2 Whether the trial judge failed to adequately direct the jury on the use of bad character evidence and the mental element of the offence
- 3 Whether the trial judge's summing up lacked balance
Ratio Decidendi
The conviction was quashed because the trial judge failed to adequately direct the jury that suspicion alone is not sufficient to establish knowledge, and did not properly instruct the jury on the relevance and use of bad character evidence, resulting in an unsafe conviction.
Court Disposition
conviction quashed
Orders
- Conviction on count 1 quashed
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