R v Clegg

Parliamentary Archives,
HL/PO/JU/18/255

Regina

v.

Clegg (Appellant)
(On Appeal from the Court of Appeal in Northern Ireland)

JUDGMENT

Die Jovis 19° Januarii 1995

Upon Report from the Appellate Committee to whom was
referred the Cause Regina against Clegg, That the Committee had
heard Counsel as well on Wednesday the 9th as on Thursday the
10th days of November last upon the Petition and Appeal of Lee
William Clegg currently detained at Her Majesty's Prison,
Wakefield, praying that the matter of the Order set forth in the
first Schedule thereto, namely an Order of Her Majesty's Court
of Appeal in Northern Ireland of the 30th day of March 1994,
might be reviewed before Her Majesty the Queen in Her Court of
Parliament and that the said Order might be reversed, varied or
altered or that the Petitioner might have such other relief in
the premises as to Her Majesty the Queen in Her Court of
Parliament might seem meet; as upon the case of the Director of
Public Prosecutions in Northern Ireland (on behalf of Her
Majesty) lodged in answer to the said Appeal; and due
consideration had this day of what was offered on either side in
this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of Appeal
in Northern Ireland of the 30th day of March 1994 complained of
in the said Appeal be, and the same is hereby, Affirmed and that
the said Petition and Appeal be, and the same is hereby,
dismissed this House: And it is further Ordered, That the
certified question be answered as follows:

"On the facts stated and assuming no other defence is
available, the soldier or police officer will be guilty of
murder and not manslaughter."

Cler: Parliamentor:

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL
FOR JUDGMENT IN THE CAUSE

REGINA

v.

CLEGG

(APPELLANT)

(NORTHERN IRELAND)

ON 19TH JANUARY 1995

Lord Keith of Kinkel
Lord Browne-Wilkinson
Lord Slynn of Hadley
Lord Lloyd of Berwick
Lord Nicholls of Birkenhead

LORD KEITH OF KINKEL

My Lords,

For the reasons given in the speech to be delivered by my noble and
learned friend Lord Lloyd of Berwick, which I have read in draft and with
which I agree, I would dismiss this appeal, and answer the certified question
as he proposes.

LORD BROWNE-WIKINSON

My Lords,

For the reasons given in the speech of my noble and learned friend
Lord Lloyd of Berwick I too would dismiss the appeal.

LORD SLYNN OF HADLEY

My Lords,

I have had the advantage of reading in draft the speech to be given by
my noble and learned friend Lord Lloyd of Berwick. I agree that for the
reasons he gives the appeal should be dismissed.

- 1 -

LORD LLOYD OF BERWICK

My Lords,

On the night of 30 September 1990 the appellant, Lee William Clegg,
a soldier serving with the Parachute Regiment, was…