McConnan, R v [2017] NICA 40 (22 March 2017)

McConnan, R v [2017] NICA 40 (22 March 2017)

The trial judge was entitled to find, based on the evidence and circumstances, that the appellant knowingly possessed the explosive substances and ammunition in suspicious circumstances and without lawful purpose. The appellate court found no error in the assessment of evidence or application of legal principles. The sentence of five years' imprisonment was not manifestly excessive or wrong in principle, given the seriousness of the offences and the need for deterrence.

Citation
[2017] NICA 40
Parties
Prosecution: R; Appellant/defendant: Keith McConnan
Jurisdiction
Northern Ireland
Judgment Date
22 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court, Belfast
Outcome
appeal dismissed
Legal Topics
Possession of Explosives, Possession of Ammunition, Suspicious Circumstances, Appeal Against Conviction, Appeal Against Sentence, Sentencing Principles, Deterrent Sentences, Assessment of Evidence, Role of Appellate Court
Criminal Law Appellate Procedure Possession of Explosives Possession of Ammunition Suspicious Circumstances Appeal Against Conviction Appeal Against Sentence Sentencing Principles +3 more

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Parties

R

Prosecution

Keith McConnan

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Crown Court, Belfast

Legal Issues

  1. 1 Whether the conviction for possession of explosive substances and ammunition in suspicious circumstances was unsafe
  2. 2 Whether the sentence imposed was manifestly excessive or wrong in principle

Ratio Decidendi

The trial judge was entitled to find, based on the evidence and circumstances, that the appellant knowingly possessed the explosive substances and ammunition in suspicious circumstances and without lawful purpose. The appellate court found no error in the assessment of evidence or application of legal principles. The sentence of five years' imprisonment was not manifestly excessive or wrong in principle, given the seriousness of the offences and the need for deterrence.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence affirmed.