White, R v [2017] NICA 49 (11 September 2017)

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accomplice evidence were within the range of discretion; and the direction on joint enterprise, though based on now-superseded law, did not result in substantial injustice given the facts and active participation required for conviction.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

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Parties

The Queen

Prosecution

Lindsey White

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

  1. 1 Whether the trial judge failed to give an adequate direction on the effect of intoxication on intent
  2. 2 Whether the trial judge failed to give a sufficient Makanjoula warning regarding accomplice evidence
  3. 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accomplice evidence were within the range of discretion; and the direction on joint enterprise, though based on now-superseded law, did not result in substantial injustice given the facts and active participation required for conviction.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