Ward, R. v [2018] NICA 40 (12 November 2018)

Ward, R. v [2018] NICA 40 (12 November 2018)

The court held that intoxication extinguishing intent was not a concrete issue at trial, as neither the original nor amended Defence Statements raised it, and the defence case was run on the basis of fabrication by the main prosecution witness. There was no evidential platform for the jury to find that the appellant lacked the requisite intent due to intoxication. Therefore, the threshold for a Sheehan and Moore direction was not met, and the conviction was safe.

Citation
[2018] NICA 40
Parties
Prosecution: The Queen; Appellant/defendant: Mark Daniel Ward
Jurisdiction
Northern Ireland
Judgment Date
12 November 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Belfast Crown Court
Outcome
appeal against conviction dismissed
Legal Topics
Murder, Intoxication, Jury Directions, Mens Rea, Appeals, Safety of Conviction
Criminal Law Murder Intoxication Jury Directions Mens Rea Appeals Safety of Conviction

Case Brief

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Parties

The Queen

Prosecution

Mark Daniel Ward

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Belfast Crown Court

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a Sheehan and Moore direction on intoxication and intent
  2. 2 Whether the conviction is unsafe due to lack of jury direction on intoxication extinguishing specific intent

Ratio Decidendi

The court held that intoxication extinguishing intent was not a concrete issue at trial, as neither the original nor amended Defence Statements raised it, and the defence case was run on the basis of fabrication by the main prosecution witness. There was no evidential platform for the jury to find that the appellant lacked the requisite intent due to intoxication. Therefore, the threshold for a Sheehan and Moore direction was not met, and the conviction was safe.

Court Disposition

appeal against conviction dismissed

Orders

  • The appeal against conviction is dismissed.
  • The appeal against sentence will be processed separately.