Porter & Anor, R v [2009] NICC 77 (4 December 2009)

No Bill entered for murder and false imprisonment as evidence insufficient; sufficient evidence for gross negligence manslaughter due to abandonment of intoxicated victim in dangerous circumstances, creating obvious risk of serious harm and indifference to that risk.

Citation: [2009] NICC 77
Parties: Prosecution: The Queen; Defendant: Robert Dean Porter; Defendant: Niall Regan
Jurisdiction: Northern Ireland
Judgment Date: 04 December 2009
Procedural Posture: Criminal / No Bill Application Under S.2(3) Grand Jury (abolition) Act (northern Ireland) 1969
Outcome: No Bill entered for murder and false imprisonment against Porter; No Bill refused for manslaughter against Porter.
Legal Topics: Murder, Manslaughter, False Imprisonment, Bad Character Evidence, Hearsay Evidence, Gross Negligence

Criminal Law Murder Manslaughter False Imprisonment Bad Character Evidence Hearsay Evidence Gross Negligence

Case Brief

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Parties

The Queen

Prosecution

Robert Dean Porter

Defendant

Niall Regan

Defendant

Procedural Posture

Criminal / No Bill Application Under S.2(3) Grand Jury (abolition) Act (northern Ireland) 1969

Legal Issues

1 Whether there is sufficient evidence to justify placing Porter on trial for murder, manslaughter, and false imprisonment
2 Admissibility of bad character and hearsay evidence at No Bill stage
3 Legal threshold for gross negligence manslaughter

Ratio Decidendi

Court Disposition

No Bill entered for murder and false imprisonment against Porter; No Bill refused for manslaughter against Porter.

Orders

Porter not to be tried for murder or false imprisonment; Porter to be tried for manslaughter.