Bellingham, R v [2003] NICC 2 (10 March 2003)

Bellingham, R v [2003] NICC 2 (10 March 2003)

The police conduct did not amount to 'State created' crime or improper inducement; the accused responded readily and was not unfairly badgered. The prosecution is proper and evidence of test purchases is admissible.

Citation
[2003] NICC 2
Parties
Defendant: R v Bellingham; Prosecution: Crown
Jurisdiction
Northern Ireland
Judgment Date
10 March 2003
Procedural Posture
Criminal / Application to Stay Prosecution as Abuse of Process
Outcome
application refused
Legal Topics
Abuse of Process, Entrapment, Drug Offences, Fair Trial
Criminal Law Abuse of Process Entrapment Drug Offences Fair Trial

Case Brief

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Parties

R v Bellingham

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Application to Stay Prosecution as Abuse of Process

Legal Issues

  1. 1 Whether the prosecution should be stayed as an abuse of process due to alleged police inducement and entrapment
  2. 2 Whether evidence obtained by test purchase officers should be excluded

Ratio Decidendi

The police conduct did not amount to 'State created' crime or improper inducement; the accused responded readily and was not unfairly badgered. The prosecution is proper and evidence of test purchases is admissible.

Court Disposition

application refused

Orders

  • prosecution to proceed
  • evidence of test purchases admitted