Greenaway, R v [2002] NICC 7 (22 January 2002)

Greenaway, R v [2002] NICC 7 (22 January 2002)

Article 23 of the Firearms (Northern Ireland) Order 1981 must be interpreted as imposing only an evidential burden on the accused, not a persuasive burden, to ensure compatibility with Article 6(2) ECHR; the prosecution retains the burden of proof throughout.

Citation
[2002] NICC 7
Parties
Prosecution: The Queen; Accused: Stephen Greenaway
Jurisdiction
Northern Ireland
Judgment Date
22 January 2002
Procedural Posture
Criminal / Application to Stay Prosecution
Outcome
application dismissed
Legal Topics
Reverse Burden of Proof, Presumption of Innocence, Interpretation of Statutory Provisions, Compatibility With European Convention on Human Rights
Criminal Law Human Rights Law Reverse Burden of Proof Presumption of Innocence Interpretation of Statutory Provisions Compatibility With European Convention on Human Rights

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Parties

The Queen

Prosecution

Stephen Greenaway

Accused

Procedural Posture

Criminal / Application to Stay Prosecution

Legal Issues

  1. 1 Does Article 23 of the Firearms (Northern Ireland) Order 1981 impose a persuasive burden incompatible with Article 6(2) ECHR?
  2. 2 Should Article 23 be interpreted as imposing only an evidential burden under section 3 of the Human Rights Act 1998?

Ratio Decidendi

Article 23 of the Firearms (Northern Ireland) Order 1981 must be interpreted as imposing only an evidential burden on the accused, not a persuasive burden, to ensure compatibility with Article 6(2) ECHR; the prosecution retains the burden of proof throughout.

Court Disposition

application dismissed

Orders

  • Prosecution to proceed; Article 23 construed as imposing only an evidential burden on the accused.