O'Neill, R. v

[1]������� This is an appeal by way of reference brought by the Criminal Cases Review Commission ("CCRC") in relation to the appellant's convictions from 1972 for possessing ammunition with intent, possessing ammunition without a certificate and possessing explosives with intent to endanger life.� The appellant was sentenced to a total of 15 years' imprisonment, eight of which he served.�

[2]������� We have had the benefit of reading the detailed reference provided by the CCRC and the legal submissions made by the parties.� The Public Prosecution Service ("PPS") do not resist the appeal and so it is not necessary to provide extensive reasoning.� This is a written record of the ex-tempore ruling we provided at the hearing.

[3]������� We begin by reflecting on the case made on behalf of this appellant by Mr Fee KC in writing and orally.� Mr Fee has adopted the three grounds of appeal that have been referred by the CCRC which are essentially under the headings - executive misconduct, inadmissibility of confessions, and insufficient remaining evidence.�

[4] The written arguments set out the background of this case, the court proceedings which ensued in 1972, and the civil settlement of this case in 1978. The threshold date is 2016 when there was discovery of material from the National Archives relating to the civil proceedings which prompted the reference to the CCRC.� Mr Fee maintains that this is an exceptional case whereby the CCRC referred the case without a previous appeal having been mounted. Mr Murphy KC on behalf of the PPS takes no issue with that process or assessment of exceptionality.�

[8]������� There is no dispute as to any of the law pertaining this consideration and so we need not rehearse it for the purposes of this ruling save to restate the well-established principle in our domestic law that an admission or a confession must be voluntary and cannot be obtained by torture, inhumane or degrading treatment. This is reiterated in the European Convention on Human Rights.