Guinness, R v [2017] NICA 47 (8 September 2017)

Guinness, R v [2017] NICA 47 (8 September 2017)

The court found that the applicant was aware he was making a final decision to abandon his appeal, had demonstrated independence of mind, and there was no evidence of positively wrong advice or lack of understanding. Therefore, the abandonment was not a nullity and is irrevocable.

Citation
[2017] NICA 47
Parties
Prosecution: The Queen; Applicant: Patrick Anthony Guinness
Jurisdiction
Northern Ireland
Judgment Date
08 September 2017
Procedural Posture
Criminal Appeal / Application to Treat Abandonment of Appeal as Nullity
Outcome
application dismissed
Legal Topics
Abandonment of Appeal, Finality of Litigation, Nullity of Abandonment, Legal Advice Quality, Jurisdiction of Court of Appeal
Criminal Law Appellate Procedure Abandonment of Appeal Finality of Litigation Nullity of Abandonment Legal Advice Quality Jurisdiction of Court of Appeal

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Parties

The Queen

Prosecution

Patrick Anthony Guinness

Applicant

Procedural Posture

Criminal Appeal / Application to Treat Abandonment of Appeal as Nullity

Legal Issues

  1. 1 Whether the abandonment of the applicant's appeal should be treated as a nullity
  2. 2 Whether the applicant's mind went with the act of abandonment
  3. 3 Whether the applicant received wrong or inadequate legal advice causing the abandonment

Ratio Decidendi

The court found that the applicant was aware he was making a final decision to abandon his appeal, had demonstrated independence of mind, and there was no evidence of positively wrong advice or lack of understanding. Therefore, the abandonment was not a nullity and is irrevocable.

Court Disposition

application dismissed

Orders

  • The application to treat the abandonment of the appeal as a nullity is refused.