Police Service Of Northern Ireland v McClure [2007] NICA 31_3 (10 October 2007)

Police Service Of Northern Ireland v McClure [2007] NICA 31_3 (10 October 2007)

There was insufficient evidence to establish beyond reasonable doubt that the area outside 6 Dundela Court was a public place as defined by Article 2(2) of the Order; absence of barriers or notices alone does not suffice to prove public access as of right or by permission.

Citation
[2007] NICA 31_3
Parties
Complainant/respondent: Police Service of Northern Ireland; Defendant/appellant: Mark McClure
Jurisdiction
Northern Ireland
Judgment Date
10 October 2007
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Conviction at Belfast Magistrates' Court
Outcome
Appeal allowed
Legal Topics
Possession of Offensive Weapons, Definition of Public Place, Public Order (northern Ireland) Order 1987
Criminal Law Possession of Offensive Weapons Definition of Public Place Public Order (northern Ireland) Order 1987

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Parties

Police Service of Northern Ireland

Complainant/respondent

Mark McClure

Defendant/appellant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal From Conviction at Belfast Magistrates' Court

Legal Issues

  1. 1 Whether the area outside 6 Dundela Court, Belfast constituted a 'public place' under Article 22(1) of the Public Order (Northern Ireland) Order 1987

Ratio Decidendi

There was insufficient evidence to establish beyond reasonable doubt that the area outside 6 Dundela Court was a public place as defined by Article 2(2) of the Order; absence of barriers or notices alone does not suffice to prove public access as of right or by permission.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed
  • Question in case stated answered in the affirmative