Smith, R. v [2006] NICA 34 (19 June 2006)

Smith, R. v [2006] NICA 34 (19 June 2006)

The applicant cannot claim violation of articles 6 or 8 ECHR or article 40 UNCRC as he never asserted consent and was not adversely affected by the law; he does not qualify as a victim under section 7 HRA. The absence of a defence of consent does not render the conviction unsafe or the trial unfair.

Citation
[2006] NICA 34
Parties
Prosecution: The Queen; Applicant: Gerard Robert Smith; Intervener: Secretary of State for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
19 June 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time
Outcome
applications dismissed
Legal Topics
Indecent Assault, Defence of Consent, Compatibility With ECHR, Victim Status Under HRA, Child Offender Culpability
Criminal Law Human Rights Law Child Protection Law Indecent Assault Defence of Consent Compatibility With ECHR Victim Status Under HRA Child Offender Culpability

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Queen

Prosecution

Gerard Robert Smith

Applicant

Secretary of State for Northern Ireland

Intervener

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Extension of Time

Legal Issues

  1. 1 Whether the absence of a defence of consent for indecent assault on a minor breaches articles 6 and 8 ECHR
  2. 2 Whether the applicant qualifies as a victim under section 7 HRA
  3. 3 Whether the law and procedure breached article 40 UNCRC

Ratio Decidendi

The applicant cannot claim violation of articles 6 or 8 ECHR or article 40 UNCRC as he never asserted consent and was not adversely affected by the law; he does not qualify as a victim under section 7 HRA. The absence of a defence of consent does not render the conviction unsafe or the trial unfair.

Court Disposition

applications dismissed

Orders

  • Leave to appeal against conviction refused
  • Extension of time for application refused