Meneice, R v [2018] NICA 30 (7 September 2017)

Meneice, R v [2018] NICA 30 (7 September 2017)

The trial judge properly exercised his discretion in giving the Makanjuola warning, fully addressing the complainant's credibility and inconsistencies. The prosecution's closing speech, while containing inappropriate remarks, did not render the conviction unsafe due to the judge's careful directions and the overall conduct of the trial. The deletion of messages and alleged collusion were adequately addressed and did not affect the safety of the conviction.

Citation
[2018] NICA 30
Parties
Prosecution: Regina; Appellant/defendant: Stephen Meneice
Jurisdiction
Northern Ireland
Judgment Date
07 September 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Jury Directions, Credibility of Witnesses, Prosecutorial Conduct, Appeals
Criminal Law Sexual Offences Jury Directions Credibility of Witnesses Prosecutorial Conduct Appeals

Case Brief

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Parties

Regina

Prosecution

Stephen Meneice

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in his Makanjuola warning regarding the complainant's credibility
  2. 2 Whether the prosecution's closing speech rendered the conviction unsafe
  3. 3 Whether the deletion of messages by the complainant was improperly characterised

Ratio Decidendi

The trial judge properly exercised his discretion in giving the Makanjuola warning, fully addressing the complainant's credibility and inconsistencies. The prosecution's closing speech, while containing inappropriate remarks, did not render the conviction unsafe due to the judge's careful directions and the overall conduct of the trial. The deletion of messages and alleged collusion were adequately addressed and did not affect the safety of the conviction.

Court Disposition

appeal dismissed