Morrison, R v [2018] NICC 19 (20 November 2018)

Morrison, R v [2018] NICC 19 (20 November 2018)

There was no objective evidence of sufficient cogency to raise the issue of self-defence for the purposes of this hearing; therefore, the jury should not consider self-defence in determining whether the defendant did the act charged.

Citation
[2018] NICC 19
Parties
Prosecution: The Queen; Defendant: Samuel Morrison
Jurisdiction
Northern Ireland
Judgment Date
20 November 2018
Procedural Posture
Criminal / Trial of the Facts Following a Finding of Unfitness to Plead Under Article 49(4) of the Mental Health (northern Ireland) Order 1986
Outcome
Application to leave self-defence to the jury refused
Legal Topics
Unfitness to Plead, Trial of the Facts, Self Defence, Actus Reus Vs Mens Rea, Objective Evidence, Article 49 Mental Health (northern Ireland) Order 1986
Criminal Law Mental Health Law Unfitness to Plead Trial of the Facts Self Defence Actus Reus Vs Mens Rea Objective Evidence Article 49 Mental Health (northern Ireland) Order 1986

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

The Queen

Prosecution

Samuel Morrison

Defendant

Procedural Posture

Criminal / Trial of the Facts Following a Finding of Unfitness to Plead Under Article 49(4) of the Mental Health (northern Ireland) Order 1986

Legal Issues

  1. 1 Whether the issue of self-defence should be left to the jury in a trial of the facts under Article 49 of the Mental Health (Northern Ireland) Order 1986
  2. 2 What constitutes 'objective evidence' sufficient to raise self-defence in such proceedings

Ratio Decidendi

There was no objective evidence of sufficient cogency to raise the issue of self-defence for the purposes of this hearing; therefore, the jury should not consider self-defence in determining whether the defendant did the act charged.

Court Disposition

Application to leave self-defence to the jury refused

Orders

  • The issue of self-defence is not to be considered by the jury in this trial of the facts.