Kerr, R v [2011] NICA 20 (10 June 2011)

Kerr, R v [2011] NICA 20 (10 June 2011)

The applicant's actions moved from preparation to execution, sufficient evidence existed for intent to kill, jury directions were proper, verdicts were not inconsistent, and no Woollin direction was required; leave to appeal and legal aid were refused.

Citation
[2011] NICA 20
Parties
Prosecution: Regina; Applicant: Roy Kerr
Jurisdiction
Northern Ireland
Judgment Date
10 June 2011
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal dismissed; application for legal aid refused.
Legal Topics
Attempted Murder, Arson, Handling Stolen Goods, Joint Enterprise, Jury Directions, Inconsistent Verdicts, Legal Aid
Criminal Law Attempted Murder Arson Handling Stolen Goods Joint Enterprise Jury Directions Inconsistent Verdicts Legal Aid

Case Brief

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Parties

Regina

Prosecution

Roy Kerr

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether there was sufficient evidence for the jury to conclude the applicant had the requisite intention to kill for attempted murder counts
  2. 2 Whether the jury's verdicts were inconsistent as between the applicant and co-accused
  3. 3 Whether the applicant's actions in relation to attempted arson of cars were more than merely preparatory

Ratio Decidendi

The applicant's actions moved from preparation to execution, sufficient evidence existed for intent to kill, jury directions were proper, verdicts were not inconsistent, and no Woollin direction was required; leave to appeal and legal aid were refused.

Court Disposition

Application for leave to appeal dismissed; application for legal aid refused.

Orders

  • Leave to appeal against conviction and sentence refused
  • Legal aid application refused