Murney, R v [2014] NICC 4 (24 February 2014)

Murney, R v [2014] NICC 4 (24 February 2014)

The prosecution failed to prove beyond reasonable doubt that the accused did not have a reasonable excuse for collecting, possessing, and publishing the material. The evidence showed the accused's primary purpose was to document and report on police conduct, not to assist terrorism. Therefore, the accused is entitled to an acquittal on all counts.

Citation
[2014] NICC 4
Parties
Prosecution: The Queen; Defendant: Stephen Murney
Jurisdiction
Northern Ireland
Judgment Date
24 February 2014
Procedural Posture
Criminal / Judgment After Trial
Outcome
Acquittal
Legal Topics
Possession of Information Likely to Be Useful to Terrorists, Reasonable Excuse Defence, Section 58 and 58 a Terrorism Act 2000, Burden of Proof, Freedom of Expression
Criminal Law Counter Terrorism Possession of Information Likely to Be Useful to Terrorists Reasonable Excuse Defence Section 58 and 58 a Terrorism Act 2000 Burden of Proof Freedom of Expression

Case Brief

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Parties

The Queen

Prosecution

Stephen Murney

Defendant

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused collected, possessed, or published information likely to be useful to terrorists contrary to the Terrorism Act 2000
  2. 2 Whether the accused had a reasonable excuse for his actions under Section 58(3) of the Terrorism Act 2000
  3. 3 Whether the prosecution proved beyond reasonable doubt that the accused had no reasonable excuse

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused did not have a reasonable excuse for collecting, possessing, and publishing the material. The evidence showed the accused's primary purpose was to document and report on police conduct, not to assist terrorism. Therefore, the accused is entitled to an acquittal on all counts.

Court Disposition

Acquittal

Orders

  • The accused is acquitted on all counts.