Cruickshank & Anor, R. v [2009] NICC 72 (31 August 2009)

Cruickshank & Anor, R. v [2009] NICC 72 (31 August 2009)

There was nothing in the medical records of the witnesses that related to illicit drug and/or alcohol abuse or otherwise satisfied the test of materiality; therefore, no disclosure was warranted.

Citation
[2009] NICC 72
Parties
Prosecution: The Queen; Defendant: Sean Cruickshank; Defendant: Edward McEleney
Jurisdiction
Northern Ireland
Judgment Date
31 August 2009
Procedural Posture
Criminal / Interlocutory Ruling on Third Party Disclosure
Outcome
application for third party disclosure refused
Legal Topics
Third Party Disclosure, Materiality Test, Confidentiality of Medical Records, Article 8 ECHR
Criminal Law Evidence Third Party Disclosure Materiality Test Confidentiality of Medical Records Article 8 ECHR

Case Brief

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Parties

The Queen

Prosecution

Sean Cruickshank

Defendant

Edward McEleney

Defendant

Procedural Posture

Criminal / Interlocutory Ruling on Third Party Disclosure

Legal Issues

  1. 1 Whether third party medical records of witnesses should be disclosed to the defence based on materiality and relevance to the charges.

Ratio Decidendi

There was nothing in the medical records of the witnesses that related to illicit drug and/or alcohol abuse or otherwise satisfied the test of materiality; therefore, no disclosure was warranted.

Court Disposition

application for third party disclosure refused

Orders

  • No disclosure of medical records to the parties.
  • No witness summons to be issued against any third party agencies.