Harbinson, R v [2012] NICA 20 (15 June 2012)

Harbinson, R v [2012] NICA 20 (15 June 2012)

The convictions are safe; the jury was properly directed, had ample opportunity to assess credibility, and the fresh evidence does not undermine the safety of the verdicts.

Citation
[2012] NICA 20
Parties
Prosecution: The Queen; Applicant/defendant: Mark Harbinson
Jurisdiction
Northern Ireland
Judgment Date
15 June 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Convictions
Outcome
leave to appeal refused; convictions upheld
Legal Topics
Sexual Offences, Appeals, Fresh Evidence, Jury Verdicts, Credibility of Witnesses
Criminal Law Sexual Offences Appeals Fresh Evidence Jury Verdicts Credibility of Witnesses

Case Brief

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Parties

The Queen

Prosecution

Mark Harbinson

Applicant/defendant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Convictions

Legal Issues

  1. 1 Whether convictions on counts 6, 7, and 8 are unsafe based on evidence, alleged inconsistency of verdicts, and fresh evidence affecting complainant's credibility

Ratio Decidendi

The convictions are safe; the jury was properly directed, had ample opportunity to assess credibility, and the fresh evidence does not undermine the safety of the verdicts.

Court Disposition

leave to appeal refused; convictions upheld

Orders

  • sex offenders registration for an indefinite period
  • sexual offences prevention order until 20 May 2017