Hyde & Anor, R v [2004] NICC 29 (21 December 2004)

Hyde & Anor, R v [2004] NICC 29 (21 December 2004)

The evidence did not establish that either or both defendants were in possession of the ammunition, and the circumstances raised sufficient doubt such that the prosecution could not rely on the statutory presumption. Therefore, there was no case to answer and a reasonable jury could not convict.

Citation
[2004] NICC 29
Parties
Prosecution: The Queen; Defendant: Neil Boyd Hyde; Defendant: Second Named Defendant (Hyde)
Jurisdiction
Northern Ireland
Judgment Date
21 December 2004
Procedural Posture
Criminal / Ruling on Application for Direction (no Case to Answer) After Prosecution Case
Outcome
not guilty
Legal Topics
Possession of Ammunition, Burden of Proof, Presumptions Under Terrorism Act 2000, Joint Possession, No Case to Answer
Criminal Law Possession of Ammunition Burden of Proof Presumptions Under Terrorism Act 2000 Joint Possession No Case to Answer

Case Brief

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Parties

The Queen

Prosecution

Neil Boyd Hyde

Defendant

Second Named Defendant (Hyde)

Defendant

Procedural Posture

Criminal / Ruling on Application for Direction (no Case to Answer) After Prosecution Case

Legal Issues

  1. 1 Whether the defendants were in possession of ammunition with intent or in suspicious circumstances
  2. 2 Whether the presumption under section 77 of the Terrorism Act 2000 applies
  3. 3 Whether there is sufficient evidence for a reasonable jury to convict either defendant

Ratio Decidendi

The evidence did not establish that either or both defendants were in possession of the ammunition, and the circumstances raised sufficient doubt such that the prosecution could not rely on the statutory presumption. Therefore, there was no case to answer and a reasonable jury could not convict.

Court Disposition

not guilty

Orders

  • Direction that both defendants have no case to answer
  • Verdict of not guilty on all counts