Kincaid, R v [2009] NICA 67 (15 December 2009)

Kincaid, R v [2009] NICA 67 (15 December 2009)

The existence of the appellant's thumb print on the glass, found under debris near the deceased's body, combined with his persistent lies to police and inconsistencies in his account, constituted sufficient circumstantial evidence for the jury to convict. The trial judge was correct to refuse the submission of no...

Source-derived case information.

Citation
[2009] NICA 67
Parties
Prosecution: Regina; Appellant: Mark Kincaid
Jurisdiction
Northern Ireland
Judgment Date
15 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Murder, Joint Enterprise, Circumstantial Evidence, Forensic Evidence, Unsafe Verdict, No Case to Answer
Criminal Law Murder Joint Enterprise Circumstantial Evidence Forensic Evidence Unsafe Verdict No Case to Answer

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Parties

Regina

Prosecution

Mark Kincaid

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing a submission of no case to answer
  2. 2 Whether the circumstantial evidence, particularly the appellant's fingerprint, was sufficient to sustain a conviction
  3. 3 Whether the verdict was unsafe

Ratio Decidendi

The existence of the appellant's thumb print on the glass, found under debris near the deceased's body, combined with his persistent lies to police and inconsistencies in his account, constituted sufficient circumstantial evidence for the jury to convict. The trial judge was correct to refuse the submission of no case to answer, and the conviction was not unsafe.

Court Disposition

appeal dismissed; conviction upheld