Allison & Anor, R v [2009] NICC 65 (2 October 2010)

Allison & Anor, R v [2009] NICC 65 (2 October 2010)

The evidence disclosed in the committal papers did not establish basic proofs required for the offences charged, specifically the absence of forensic evidence confirming the powder as cocaine and linking the accused to the firearm and cartridges. These are fundamental defects, not procedural, and cannot be remedied...

Source-derived case information.

Citation
[2009] NICC 65
Parties
Prosecution: The Queen; Defendant: Clifford Allison; Defendant: David Dawson
Jurisdiction
Northern Ireland
Judgment Date
02 October 2010
Procedural Posture
Criminal / Pre Arraignment, Ruling on 'no Bill' Application
Outcome
No Bill entered for all counts against both accused; neither accused to be put on trial based on current evidence.
Legal Topics
No Bill Application, Sufficiency of Evidence, Possession of Controlled Substances, Possession of Firearms
Criminal Law No Bill Application Sufficiency of Evidence Possession of Controlled Substances Possession of Firearms

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Parties

The Queen

Prosecution

Clifford Allison

Defendant

David Dawson

Defendant

Procedural Posture

Criminal / Pre Arraignment, Ruling on 'no Bill' Application

Legal Issues

  1. 1 Whether the evidence disclosed in the committal papers is sufficient to justify putting the accused on trial for indictable offences
  2. 2 Whether the absence of forensic evidence regarding the powder and the cloth bag is a fundamental defect or a procedural one

Ratio Decidendi

The evidence disclosed in the committal papers did not establish basic proofs required for the offences charged, specifically the absence of forensic evidence confirming the powder as cocaine and linking the accused to the firearm and cartridges. These are fundamental defects, not procedural, and cannot be remedied by additional evidence not served at the time. Therefore, a No Bill must be entered for all counts against both accused.

Court Disposition

No Bill entered for all counts against both accused; neither accused to be put on trial based on current evidence.

Orders

  • No Bill entered in respect of all three counts against Clifford Allison and David Dawson.
  • Case dismissed unless further evidence is served.