NH, R. v [2004] NICA 5 (20 February 2004)

NH, R. v [2004] NICA 5 (20 February 2004)

The trial judge's directions on good character, though qualified, were overall positive and adequate. The summing-up, considered as a whole, was not unbalanced and did not render the conviction unsafe. The jury was properly directed and the appeal disclosed no grounds to disturb the conviction.

Citation
[2004] NICA 5
Parties
Prosecution: The Queen; Applicant/defendant: NH
Jurisdiction
Northern Ireland
Judgment Date
20 February 2004
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Application dismissed
Legal Topics
Good Character Direction, Jury Summing Up, Sexual Offences, Appeal Against Conviction, Judicial Balance
Criminal Law Good Character Direction Jury Summing Up Sexual Offences Appeal Against Conviction Judicial Balance

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Parties

The Queen

Prosecution

NH

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge gave a proper and adequate good character direction
  2. 2 Whether the trial judge's summing-up was unbalanced and rendered the conviction unsafe

Ratio Decidendi

The trial judge's directions on good character, though qualified, were overall positive and adequate. The summing-up, considered as a whole, was not unbalanced and did not render the conviction unsafe. The jury was properly directed and the appeal disclosed no grounds to disturb the conviction.

Court Disposition

Application dismissed