O'Kane, R. v [2011] NICC 20 (6 May 2011)

O'Kane, R. v [2011] NICC 20 (6 May 2011)

It is appropriate to order that only the 28 sample counts be tried by jury and the remaining counts by judge alone, provided the prosecution undertakes to call no more than 7 additional complainants from Part 2 as bad character evidence in Part 1, to avoid undue complexity and unfairness.

Source-derived case information.

Citation
[2011] NICC 20
Parties
Prosecution: The Queen; Defendant: Kevin Eugene O'Kane
Jurisdiction
Northern Ireland
Judgment Date
06 May 2011
Procedural Posture
Criminal / Application to Substitute Indictment and Split Trial Under S.17 Domestic Violence, Crime and Victims Act 2004
Outcome
Conditional order granted
Legal Topics
Indictment Splitting, Sample Counts, Jury Trial, Judge Alone Trial, Bad Character Evidence, Similar Fact Evidence
Criminal Law Procedure Indictment Splitting Sample Counts Jury Trial Judge Alone Trial Bad Character Evidence Similar Fact Evidence

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Parties

The Queen

Prosecution

Kevin Eugene O'Kane

Defendant

Procedural Posture

Criminal / Application to Substitute Indictment and Split Trial Under S.17 Domestic Violence, Crime and Victims Act 2004

Legal Issues

  1. 1 Whether the court should order, under s.17 of the Domestic Violence, Crime and Victims Act 2004, that part of the indictment be tried by jury and part by judge alone
  2. 2 Whether the sample counts are representative of the linked counts
  3. 3 Whether admitting evidence from additional complainants in the jury trial would be fair and in the interests of justice

Ratio Decidendi

It is appropriate to order that only the 28 sample counts be tried by jury and the remaining counts by judge alone, provided the prosecution undertakes to call no more than 7 additional complainants from Part 2 as bad character evidence in Part 1, to avoid undue complexity and unfairness.

Court Disposition

Conditional order granted

Orders

  • Prosecution given 14 days to undertake to call no more than 7 additional complainants from Part 2 in Part 1 of the trial.
  • If such undertaking is given, trial to proceed with counts 1-28 before a jury and remaining counts before a judge alone.