McBride, R v [2014] NICA 35 (2 May 2014)

McBride, R v [2014] NICA 35 (2 May 2014)

There was sufficient evidence for the trial judge to find that the appellant knew or contemplated that blackmail was being committed, and the inferences drawn from his lies and failure to give evidence were justified; thus, the conviction was safe.

Citation
[2014] NICA 35
Parties
Prosecution: The Queen; Appellant/defendant: Andrew McBride
Jurisdiction
Northern Ireland
Judgment Date
02 May 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Blackmail, Secondary Liability, Adverse Inference From Silence, Evidential Value of Lies, Joint Enterprise
Criminal Law Blackmail Secondary Liability Adverse Inference From Silence Evidential Value of Lies Joint Enterprise

Case Brief

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Parties

The Queen

Prosecution

Andrew McBride

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant had the requisite knowledge of criminality to be convicted as a secondary party to blackmail
  2. 2 Whether the trial judge properly applied the legal test for drawing inferences from lies (R v Lucas)
  3. 3 Whether the trial judge properly drew an adverse inference from the appellant's failure to give evidence

Ratio Decidendi

There was sufficient evidence for the trial judge to find that the appellant knew or contemplated that blackmail was being committed, and the inferences drawn from his lies and failure to give evidence were justified; thus, the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld; appeal against conviction dismissed.