Bradley, R v [2013] NICA 12 (4 March 2013)

Bradley, R v [2013] NICA 12 (4 March 2013)

Counsel's omission to seek a good character direction was a considered professional decision based on the applicant's background and risk of prejudicial evidence; this did not render the conviction unsafe given the circumstances and strength of the evidence.

Citation
[2013] NICA 12
Parties
Prosecution: The Queen; Applicant: Michael Christopher Bradley
Jurisdiction
Northern Ireland
Judgment Date
04 March 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
application for leave to appeal against conviction rejected
Legal Topics
Good Character Direction, Incompetence of Counsel, Sexual Offences, Credibility Assessment
Criminal Law Good Character Direction Incompetence of Counsel Sexual Offences Credibility Assessment

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Parties

The Queen

Prosecution

Michael Christopher Bradley

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether counsel's failure to seek a good character direction rendered the conviction unsafe
  2. 2 Whether the applicant was entitled to a good character direction given his background
  3. 3 Whether the omission constituted incompetence warranting appellate intervention

Ratio Decidendi

Counsel's omission to seek a good character direction was a considered professional decision based on the applicant's background and risk of prejudicial evidence; this did not render the conviction unsafe given the circumstances and strength of the evidence.

Court Disposition

application for leave to appeal against conviction rejected