R v Clegg

Case [1995] UKHL 1


    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…

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[1995] UKHL 1
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