Jones, R. v [2007] NICA 28 (05 July 2007)

Jones, R. v [2007] NICA 28 (05 July 2007)

There was no evidence that the explosion caused by the propellant was of a nature likely to endanger life or cause serious injury to property; therefore, the conviction under section 2 of the Explosive Substances Act 1883 is unsafe and must be quashed.

Citation
[2007] NICA 28
Parties
Prosecution: The Queen; Appellant: Gary Jones
Jurisdiction
Northern Ireland
Judgment Date
05 July 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
conviction quashed
Legal Topics
Explosive Substances, Circumstantial Evidence, Drawing Inferences From Silence, Good Character Evidence, Attempted Murder, Possession of Explosives
Criminal Law Explosive Substances Circumstantial Evidence Drawing Inferences From Silence Good Character Evidence Attempted Murder Possession of Explosives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Prosecution

Gary Jones

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge properly drew inferences from the appellant's silence under Article 3 of the Criminal Evidence (NI) Order 1988
  2. 2 Whether circumstantial evidence was properly evaluated and alternative explanations excluded
  3. 3 Whether the appellant's good character was properly considered

Ratio Decidendi

There was no evidence that the explosion caused by the propellant was of a nature likely to endanger life or cause serious injury to property; therefore, the conviction under section 2 of the Explosive Substances Act 1883 is unsafe and must be quashed.

Court Disposition

conviction quashed

Orders

  • Conviction on Count 2 quashed
  • No substitution of conviction for Count 3