M, R. v [2011] NICA 18 (7 June 2011)

M, R. v [2011] NICA 18 (7 June 2011)

The evidence of the defendant's wife was properly admitted as similar fact evidence due to its striking similarity and positive probative value, and the trial judge was not required to be satisfied beyond reasonable doubt of the occurrence of the facts before admitting the evidence; the conviction is safe.

Citation
[2011] NICA 18
Parties
Prosecution: The Queen; Defendant: M
Jurisdiction
Northern Ireland
Judgment Date
07 June 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Similar Fact Evidence, Admissibility of Evidence, Indecent Assault, Jury Directions
Criminal Law Evidence Similar Fact Evidence Admissibility of Evidence Indecent Assault Jury Directions

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 11 Party arguments 2
Sign in to unlock

Parties

The Queen

Prosecution

M

Defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether the trial judge was correct to admit evidence of the defendant's consensual sexual practice as similar fact evidence
  2. 2 Whether the evidence was sufficiently probative to outweigh its prejudicial effect

Ratio Decidendi

The evidence of the defendant's wife was properly admitted as similar fact evidence due to its striking similarity and positive probative value, and the trial judge was not required to be satisfied beyond reasonable doubt of the occurrence of the facts before admitting the evidence; the conviction is safe.

Court Disposition

appeal dismissed

Orders

  • leave to appeal refused
  • conviction affirmed