BZ, R v [2017] NICA 2 (23 January 2017)

BZ, R v [2017] NICA 2 (23 January 2017)

None of the grounds raised by the appellant, individually or cumulatively, gave rise to any concern about the safety of the convictions; the defects and omissions identified were either technical, caused no prejudice, or were adequately addressed by the trial process and directions.

Citation
[2017] NICA 2
Parties
Prosecution: The Queen; Appellant: BZ
Jurisdiction
Northern Ireland
Judgment Date
23 January 2017
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Conviction
Outcome
application for extension of time refused; convictions affirmed
Legal Topics
Sexual Offences, Indecent Assault, Gross Indecency, Attempted Buggery, Historic Abuse, Jury Directions, Indictment Defects, Character Evidence, Evidence of Distress
Criminal Law Sexual Offences Indecent Assault Gross Indecency Attempted Buggery Historic Abuse Jury Directions Indictment Defects +2 more

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Parties

The Queen

Prosecution

BZ

Appellant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Conviction

Legal Issues

  1. 1 Whether the failure to direct the jury on the mental element of indecent assault rendered the convictions unsafe
  2. 2 Whether a technical defect in the indictment particulars invalidated the conviction
  3. 3 Whether the judge's factual directions to the jury were inadequate

Ratio Decidendi

None of the grounds raised by the appellant, individually or cumulatively, gave rise to any concern about the safety of the convictions; the defects and omissions identified were either technical, caused no prejudice, or were adequately addressed by the trial process and directions.

Court Disposition

application for extension of time refused; convictions affirmed

Orders

  • No extension of time granted for leave to appeal
  • Convictions on all counts affirmed