Fox & Ors, R v [2009] NICC 28 (24 April 2009)

Fox & Ors, R v [2009] NICC 28 (24 April 2009)

The connections between the categories of allegations in the indictment are too tenuous to justify all counts against all accused being joined in one indictment; therefore, the counts against Richard Thomas Fox and Kathleen Bridget Fox are misjoined and must be severed.

Citation
[2009] NICC 28
Parties
Prosecution: The Queen; Defendant: Anthony Michael Fox; Defendant: Kathleen Bridget Fox; Defendant: Richard Thomas Fox; Defendant: Thomas Fox; Defendant: Patrick Francis Markey; Defendant: Leonard Henry Warwick
Jurisdiction
Northern Ireland
Judgment Date
24 April 2009
Procedural Posture
Criminal / Pre Trial Ruling on Misjoinder and Severance
Outcome
Counts against Richard Thomas Fox and Kathleen Bridget Fox are declared misjoined; indictment to be amended or severed.
Legal Topics
Misjoinder, Severance of Counts, Indictment Practice, Money Laundering, Fraud, Duty Evasion
Criminal Law Criminal Procedure Misjoinder Severance of Counts Indictment Practice Money Laundering Fraud Duty Evasion

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Parties

The Queen

Prosecution

Anthony Michael Fox

Defendant

Kathleen Bridget Fox

Defendant

Richard Thomas Fox

Defendant

Thomas Fox

Defendant

Patrick Francis Markey

Defendant

Leonard Henry Warwick

Defendant

Procedural Posture

Criminal / Pre Trial Ruling on Misjoinder and Severance

Legal Issues

  1. 1 Whether the counts against Richard Thomas Fox and Kathleen Bridget Fox are properly joined with the other counts in the indictment
  2. 2 Whether the indictment should be severed or amended due to misjoinder

Ratio Decidendi

The connections between the categories of allegations in the indictment are too tenuous to justify all counts against all accused being joined in one indictment; therefore, the counts against Richard Thomas Fox and Kathleen Bridget Fox are misjoined and must be severed.

Court Disposition

Counts against Richard Thomas Fox and Kathleen Bridget Fox are declared misjoined; indictment to be amended or severed.

Orders

  • Counts 54, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 against Richard Thomas Fox are misjoined.
  • Counts 93, 94 and 96 against Kathleen Fox are misjoined.