RM, R v [2009] NICC 32 (24 April 2009)

RM, R v [2009] NICC 32 (24 April 2009)

The court held that the prejudicial effect of the disputed passages was not outweighed by their probative value, and that Article 15(3) did not require their admission. Only those passages directly relevant to the alleged offences or issues such as delayed reporting should remain; the rest should be edited out.

Citation
[2009] NICC 32
Parties
Prosecution: The Queen; Defendant: RM
Jurisdiction
Northern Ireland
Judgment Date
24 April 2009
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
partially allowed
Legal Topics
Editing of Evidence, Prejudicial Vs Probative Value, Special Measures for Witnesses, Cruelty to Children
Criminal Law Evidence Law Child Protection Editing of Evidence Prejudicial Vs Probative Value Special Measures for Witnesses Cruelty to Children

Case Brief

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Parties

The Queen

Prosecution

RM

Defendant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether certain passages in witness statements and interview transcripts should be excluded as prejudicial and not probative of the offences charged
  2. 2 Whether Article 15(3) of the Criminal Evidence (Northern Ireland) Order 1999 requires admission of the whole or substantially the whole of the recorded interview

Ratio Decidendi

The court held that the prejudicial effect of the disputed passages was not outweighed by their probative value, and that Article 15(3) did not require their admission. Only those passages directly relevant to the alleged offences or issues such as delayed reporting should remain; the rest should be edited out.

Court Disposition

partially allowed

Orders

  • The relevant portions of the witness statement and interview transcripts are to be edited in accordance with the court's ruling.