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Neutral Citation No. [2006] NICA 34 Ref: KERC5626

Judgment: approved by the Court for handing down Delivered: 19/06/2006

(subject to editorial corrections)

IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND

________

THE QUEEN

v

GERARD ROBERT SMITH

________

Before Kerr LCJ, Campbell LJ and Sheil LJ

________

KERR LCJ

Introduction

[1] This is an application by Gerard Robert Smith for leave to appeal against

his conviction of two offences of indecent assault contrary to section 52 of the

Offences against the Person Act 1861 and for leave to have time extended

within which the application might be made. The applications were heard on

19 June 2006 and on that date we dismissed both applications and indicated

that we would give our reasons later. In this judgment we now provide those

reasons.

Factual Background

[2] The applicant was born on 17 May 1972. In March 2003, he was tried

before His Honour Judge Markey QC and a jury at Belfast Crown Court on

ten counts of sexual offences committed against his cousin whom we shall

refer to as the complainant. On 6 March 2003, the applicant was convicted by

a jury on tw