Police Service of Northern Ireland v LO [2006] NICA 3 (02 February 2006)

Police Service of Northern Ireland v LO [2006] NICA 3 (02 February 2006)

The magistrate erred in stopping the case as there was sufficient evidence to establish a prima facie case against the respondent for breach of a non-molestation order and assault; the non-molestation order was valid and enforceable regardless of prior acquiescence.

Citation
[2006] NICA 3
Parties
Complainant/respondent: Chief Constable of Police Service of Northern Ireland; Defendant/appellant: LO
Jurisdiction
Northern Ireland
Judgment Date
02 February 2006
Procedural Posture
Appeal by Way of Case Stated / Appeal From Magistrate's Decision
Outcome
Appeal allowed; case remitted to magistrate for further proceedings.
Legal Topics
Non Molestation Orders, Assault, Prima Facie Case, Submission of No Case to Answer
Criminal Law Family Law Non Molestation Orders Assault Prima Facie Case Submission of No Case to Answer

Case Brief

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Parties

Chief Constable of Police Service of Northern Ireland

Complainant/respondent

LO

Defendant/appellant

Procedural Posture

Appeal by Way of Case Stated / Appeal From Magistrate's Decision

Legal Issues

  1. 1 Whether evidence was sufficient to allow prosecution to proceed
  2. 2 Validity and enforceability of non-molestation order
  3. 3 Appropriate test for submission of no case to answer by magistrate

Ratio Decidendi

The magistrate erred in stopping the case as there was sufficient evidence to establish a prima facie case against the respondent for breach of a non-molestation order and assault; the non-molestation order was valid and enforceable regardless of prior acquiescence.

Court Disposition

Appeal allowed; case remitted to magistrate for further proceedings.

Orders

  • Case remitted to magistrate to be dealt with according to law and guidance provided by this judgment.