White, R v [2017] NICA 49 (11 September 2017)
The evidence did not reach the threshold requiring a specific direction on intoxication affecting intent; the trial judge's warnings regarding accomplice evidence were within the range of discretion; and the direction on joint enterprise, though based on now-superseded law, did not result in substantial injustice given the facts and active participation required for conviction.
- Citation
- [2017] NICA 49
- Parties
- Prosecution: The Queen; Appellant/defendant: Lindsey White
- Jurisdiction
- Northern Ireland
- Judgment Date
- 11 September 2017
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Intoxication, Joint Enterprise, Accomplice Evidence, Appeals Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Lindsey White
Appellant/defendant
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge failed to give an adequate direction on the effect of intoxication on intent
- 2 Whether the trial judge failed to give a sufficient Makanjoula warning regarding accomplice evidence
- 3 Whether there was a misdirection on joint enterprise in light of R v Jogee
Ratio Decidendi
The evidence did not reach the threshold requiring a specific direction on intoxication affecting intent; the trial judge's warnings regarding accomplice evidence were within the range of discretion; and the direction on joint enterprise, though based on now-superseded law, did not result in substantial injustice given the facts and active participation required for conviction.
Court Disposition
appeal dismissed
Full Case Text
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