Wallace, R v [2017] NICA 57 (26 September 2017)

Wallace, R v [2017] NICA 57 (26 September 2017)

The facts demonstrate that each appellant participated in a joint attack intending that Moon could use the baseball bat to inflict serious bodily injury. The inference of intent is overwhelming. There is no substantial injustice, and the convictions are safe even in light of the change in law established by R v Jogee. Exceptional leave to appeal out of time is refused.

Citation
[2017] NICA 57
Parties
Prosecution: Regina; Appellant: Aaron Wallace; Appellant: Christopher Francis Kerr
Jurisdiction
Northern Ireland
Judgment Date
26 September 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time
Outcome
leave to appeal refused
Legal Topics
Joint Enterprise, Murder, Secondary Party Liability, Appeals Out of Time, Foresight Vs Intent
Criminal Law Joint Enterprise Murder Secondary Party Liability Appeals Out of Time Foresight Vs Intent

Case Brief

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Parties

Regina

Prosecution

Aaron Wallace

Appellant

Christopher Francis Kerr

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether convictions for murder based on joint enterprise are unsafe following R v Jogee
  2. 2 Whether exceptional leave to appeal out of time should be granted in light of change in law on joint enterprise

Ratio Decidendi

The facts demonstrate that each appellant participated in a joint attack intending that Moon could use the baseball bat to inflict serious bodily injury. The inference of intent is overwhelming. There is no substantial injustice, and the convictions are safe even in light of the change in law established by R v Jogee. Exceptional leave to appeal out of time is refused.

Court Disposition

leave to appeal refused

Orders

  • Exceptional leave to appeal out of time is refused for both appellants.
  • Convictions are affirmed as safe.