McGeough, R v [2013] NICA 22 (7 May 2013)

McGeough, R v [2013] NICA 22 (7 May 2013)

The appeal was dismissed because the delay was attributable to the appellant's own actions, no binding assurance against prosecution was given, and the Swedish asylum application evidence was lawfully obtained, voluntary, and admissible.

Citation
[2013] NICA 22
Parties
Prosecutor: The Queen; Defendant/appellant: Terence Gerard McGeough
Jurisdiction
Northern Ireland
Judgment Date
07 May 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Delay in Prosecution, Admissibility of Evidence, Confidentiality of Asylum Applications, Membership of Proscribed Organisation
Criminal Law Human Rights Law Abuse of Process Delay in Prosecution Admissibility of Evidence Confidentiality of Asylum Applications Membership of Proscribed Organisation

Case Brief

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Parties

The Queen

Prosecutor

Terence Gerard McGeough

Defendant/appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether delay in prosecution constituted abuse of process
  2. 2 Whether alleged assurances not to prosecute were binding
  3. 3 Whether Swedish asylum application evidence was admissible

Ratio Decidendi

The appeal was dismissed because the delay was attributable to the appellant's own actions, no binding assurance against prosecution was given, and the Swedish asylum application evidence was lawfully obtained, voluntary, and admissible.

Court Disposition

appeal dismissed

Orders

  • convictions upheld
  • no stay of proceedings