Weir & Anor, R v [2013] NICA 3 (14 January 2013)

Weir & Anor, R v [2013] NICA 3 (14 January 2013)

The trial judge gave proper directions on identification evidence, offered counsel the opportunity to address the jury note and call further evidence, and emphasised that the only evidence for the jury was that heard in court; no material error or misdirection was established, and the convictions were not rendered...

Source-derived case information.

Citation
[2013] NICA 3
Parties
Applicant: Aaron Weir; Applicant: Gary Colin Cromie; Respondent: Public Prosecution Service
Jurisdiction
Northern Ireland
Judgment Date
14 January 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
applications for leave to appeal refused
Legal Topics
Identification Evidence, Jury Communications, Forensic Evidence, Appeals Against Conviction
Criminal Law Evidence Identification Evidence Jury Communications Forensic Evidence Appeals Against Conviction

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Parties

Aaron Weir

Applicant

Gary Colin Cromie

Applicant

Public Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the identification evidence was sufficient and properly directed to the jury
  2. 2 Whether the handling of a note from a juror with specialist knowledge rendered the convictions unsafe

Ratio Decidendi

The trial judge gave proper directions on identification evidence, offered counsel the opportunity to address the jury note and call further evidence, and emphasised that the only evidence for the jury was that heard in court; no material error or misdirection was established, and the convictions were not rendered unsafe.

Court Disposition

applications for leave to appeal refused