Markey, R. v [2023] NICA 70 (13 November 2023)

Markey, R. v [2023] NICA 70 (13 November 2023)

The Court held that the admission of the internet search history was agreed by the defence at the first trial and not withdrawn before the retrial, was relevant to the applicant's state of mind, and did not constitute inadmissible bad character evidence. The cross-examination on Tinder use was relevant to motivation, not misconduct. The trial judge acted properly, and the conviction was safe.

Citation
[2023] NICA 70
Parties
Respondent: The King; Applicant: Thomas Markey
Jurisdiction
Northern Ireland
Judgment Date
13 November 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Bad Character Evidence, Admissibility of Evidence, Sexual History Evidence, Appeals Against Conviction
Criminal Law Rape Bad Character Evidence Admissibility of Evidence Sexual History Evidence Appeals Against Conviction

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The King

Respondent

Thomas Markey

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the admission of internet search history ('Porn Hub' evidence) rendered the conviction unsafe
  2. 2 Whether the trial judge erred in refusing to discharge the jury after the jury received the document containing the internet search history
  3. 3 Whether the trial judge erred in refusing to exclude the internet search history

Ratio Decidendi

The Court held that the admission of the internet search history was agreed by the defence at the first trial and not withdrawn before the retrial, was relevant to the applicant's state of mind, and did not constitute inadmissible bad character evidence. The cross-examination on Tinder use was relevant to motivation, not misconduct. The trial judge acted properly, and the conviction was safe.

Court Disposition

Appeal dismissed

Orders

  • Application for leave to appeal against conviction dismissed