Northern Irish Court of Appeal: a) dismisses appeal against conviction of firearm offences, holding that accused’s claim that he was induced by his legal team into relying on a fabricated defence was false having taken the credibility of all parties into consideration; and b) dismisses appeal against sentence imposed as the trial judge clearly spent considerable time in determining the appropriate sentences in relation to this individual and other individuals who had entered guilty pleas to charges arising from the same factual matrix.
Criminal law – appeal of conviction and sentence – convicted of possession of a firearm in suspicious circumstances contrary to Article 64(1) of the Firearms (Northern Ireland) Order 2004, possession of ammunition contrary to the same provision and possession of a handgun contrary to Section 3(1)(a) of the same Order – applicant received a sentence of 7 years 6 months comprised of 3 years 9 months in custody followed by 3 years 9 months on licence – number of suspended sentences to run concurrently – Downpatrick Crown Court – primary ground of appeal relied upon was based upon the allegation that he had been compelled by his legal advisors to adopt a concocted defence that he had been involved in a drug deal – fresh evidence in support of this allegation called in accordance with section 25 of the Criminal Appeal Act (Northern Ireland) 1980 – applicant alleged that there was a failure to make full and proper disclosure of fingerprint/DNA evidence – Code of Practice for Northern Ireland Part II (Revised 2005) provided by the Department of Justice in accordance with Section 23(1)(a) of the Criminal Procedure and Investigations Act (Northern Ireland) 1996 – no infringement of applicant’s right to a fair trial in accordance with Article 6 of the ECHR – whether there had been a failure to prove that the sawn-off shotgun was a firearm within the meaning of the Firearms Order – sentence imposed not manifestly excessive or wrong in principle.