Blair & Ors, R. v [2018] NICC 11 (28 June 2018)

Blair & Ors, R. v [2018] NICC 11 (28 June 2018)

There is sufficient evidence, when taken at its height for the prosecution, to justify putting the defendants on trial for the relevant counts; voice identification evidence is corroborated by circumstantial evidence; oral collection of information suffices under s.58(1)(a); meetings and conversations demonstrate...

Source-derived case information.

Citation
[2018] NICC 11
Parties
Prosecution: The Queen; Defendant: Joseph Pearce; Defendant: Joseph Matthew Lynch; Defendant: Colin Patrick Winters
Jurisdiction
Northern Ireland
Judgment Date
28 June 2018
Procedural Posture
Criminal / Ruling on No Bill Applications
Outcome
No bill applications refused; defendants to be returned for trial on all relevant counts.
Legal Topics
No Bill Applications, Conspiracy, Terrorist Offences, Voice Identification Evidence, Collection of Information, Preparation of Terrorist Acts, Membership of Proscribed Organisation, Receiving Training, Attending Terrorist Training
Criminal Law Terrorism Law No Bill Applications Conspiracy Terrorist Offences Voice Identification Evidence Collection of Information Preparation of Terrorist Acts +3 more

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Parties

The Queen

Prosecution

Joseph Pearce

Defendant

Joseph Matthew Lynch

Defendant

Colin Patrick Winters

Defendant

Procedural Posture

Criminal / Ruling on No Bill Applications

Legal Issues

  1. 1 Whether evidence is sufficient to justify putting accused on trial for various terrorism-related counts
  2. 2 Interpretation of 'collecting information' under Terrorism Act 2000 s.58(1)(a)
  3. 3 Adequacy of voice identification evidence

Ratio Decidendi

There is sufficient evidence, when taken at its height for the prosecution, to justify putting the defendants on trial for the relevant counts; voice identification evidence is corroborated by circumstantial evidence; oral collection of information suffices under s.58(1)(a); meetings and conversations demonstrate agreement and preparatory conduct for conspiracy and terrorism counts.

Court Disposition

No bill applications refused; defendants to be returned for trial on all relevant counts.

Orders

  • No bill applications in respect of all counts for Pearce, Lynch, and Winters refused.
  • Count 9 against Winters left on the books, not to be proceeded without leave of court or Court of Appeal.