McMaw & Ors, R. v [2019] NICC 15 (30 May 2019)

McMaw & Ors, R. v [2019] NICC 15 (30 May 2019)

The court found that the prosecution's evidence, including eyewitness testimony, CCTV, vehicle tracking, and mobile phone records, established beyond reasonable doubt that Samuel David McMaw and Brian Roy McLean were present at the scene and participated in the murder of George Gilmore Sr. and the attempted murders...

Source-derived case information.

Citation
[2019] NICC 15
Parties
Prosecution: The Queen; Defendant: Samuel David McMaw; Defendant: Brian Roy McLean; Defendant: Robert Darren McMaw
Jurisdiction
Northern Ireland
Judgment Date
30 May 2019
Procedural Posture
Criminal / Trial Judgment
Outcome
Conviction for Samuel David McMaw and Brian Roy McLean; acquittal for Robert Darren McMaw
Legal Topics
Murder, Attempted Murder, Possession of Firearm With Intent, Joint Enterprise, Evidentiary Assessment
Criminal Law Murder Attempted Murder Possession of Firearm With Intent Joint Enterprise Evidentiary Assessment

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Summary, issues, holding and outcome

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Parties

The Queen

Prosecution

Samuel David McMaw

Defendant

Brian Roy McLean

Defendant

Robert Darren McMaw

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the defendants committed the murder of George Gilmore Sr.
  2. 2 Whether the defendants attempted to murder Stephen Boyd and Kelvin Graham
  3. 3 Whether the defendants possessed a firearm with intent

Ratio Decidendi

The court found that the prosecution's evidence, including eyewitness testimony, CCTV, vehicle tracking, and mobile phone records, established beyond reasonable doubt that Samuel David McMaw and Brian Roy McLean were present at the scene and participated in the murder of George Gilmore Sr. and the attempted murders of Stephen Boyd and Kelvin Graham. The evidence demonstrated a coordinated plan and joint enterprise. The court drew adverse inferences from the defendants' failure to give evidence and their lack of credible alternative explanations. The court was satisfied that the defendants possessed a firearm with intent. The prosecution did not prove the case against Robert Darren McMaw...

Court Disposition

Conviction for Samuel David McMaw and Brian Roy McLean; acquittal for Robert Darren McMaw

Orders

  • Samuel David McMaw and Brian Roy McLean found guilty of murder, attempted murder, and possession of a firearm with intent.
  • Robert Darren McMaw found not guilty and acquitted of all charges.