Hosie, R v [2017] NICA 9 (24 February 2017)

Hosie, R v [2017] NICA 9 (24 February 2017)

The proposed expert evidence was not admissible as it concerned matters within the jury's ordinary experience; the trial judge's direction regarding the failure to call witnesses was appropriate given the appellant's prior false account and the relevance of the witnesses.

Citation
[2017] NICA 9
Parties
Prosecution: The Queen; Appellant: Lee Hosie
Jurisdiction
Northern Ireland
Judgment Date
24 February 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Admissibility of Expert Evidence, Judicial Directions on Failure to Call Witnesses, Possession of Firearm With Intent, Threats to Kill, Making Off Without Paying
Criminal Law Evidence Admissibility of Expert Evidence Judicial Directions on Failure to Call Witnesses Possession of Firearm With Intent Threats to Kill Making Off Without Paying

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Queen

Prosecution

Lee Hosie

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit proposed expert evidence regarding visibility in a taxi
  2. 2 Whether the trial judge's direction to the jury regarding the failure to call witnesses was appropriate

Ratio Decidendi

The proposed expert evidence was not admissible as it concerned matters within the jury's ordinary experience; the trial judge's direction regarding the failure to call witnesses was appropriate given the appellant's prior false account and the relevance of the witnesses.

Court Disposition

Appeal dismissed

Orders

  • Conviction upheld