Mongan, R v [2015] NICA 33 (19 May 2015)

Mongan, R v [2015] NICA 33 (19 May 2015)

The identification evidence of Philip Convery was properly admitted as a positive identification, and the evidence of Theresa Convery, even if qualified, was admissible as it was consistent with other evidence. Although the trial judge should have given fuller directions on qualified identification, the absence of such directions did not render the conviction unsafe given the strength of the evidence.

Citation
[2015] NICA 33
Parties
Prosecution: The Queen; Applicant: Michael Mongan
Jurisdiction
Northern Ireland
Judgment Date
19 May 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction and Sentence
Outcome
application dismissed
Legal Topics
Identification Evidence, VIPER Procedure, PACE Code D, Qualified Identification, Jury Directions
Criminal Law Evidence Identification Evidence VIPER Procedure PACE Code D Qualified Identification Jury Directions

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Parties

The Queen

Prosecution

Michael Mongan

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether breaches of PACE Code D in the VIPER identification procedure required exclusion of identification evidence under Article 76(1) of PACE
  2. 2 Whether the trial judge failed to properly direct the jury on the nature and weight of qualified identification evidence
  3. 3 Whether the evidence relating to the sighting of the Vauxhall Vectra should have been excluded under Article 76 of PACE

Ratio Decidendi

The identification evidence of Philip Convery was properly admitted as a positive identification, and the evidence of Theresa Convery, even if qualified, was admissible as it was consistent with other evidence. Although the trial judge should have given fuller directions on qualified identification, the absence of such directions did not render the conviction unsafe given the strength of the evidence.

Court Disposition

application dismissed