Sentencing guidelines - Manslaughter

2 results

21 February 2025

King v Michael McGinley

The Court of Appeal provides new sentencing guidance on how judges should address sentence reduction for culpable delay at paragraphs [67] – [77].

Renewed application for leave to appeal a sentence of 40 months – affray – both parties received significant injuries – court held sentencing judge should have distinguished the appellant’s sentence from his co-accused due to his lack of relevant criminal record - material supporting that the appellant had been a victim of a prior attack in the toilets which led to the incident captured on CCTV - sentencing judge approached this evidence incorrectly – significant delay - sentence manifestly excessive – leave granted – appeal allowed – 30 month sentence substituted.

[2025] NICA 11 Treacy LJ

28 January 2025

The King v Barry Donnelly

The Court of Appeal provides guidance in respect of sentencing for manslaughter in cases of diminished responsibility at paragraphs [32] and [38] – [42]).

Appeal with leave of the single judge in respect of a nine year minimum term – manslaughter – diminished responsibility – schizophrenia – floridly psychotic – appellant negligent about taking care of his own health - possession of offensive weapons – AOABH – whether judge misjudged the appellant’s culpability leading to a manifestly excessive sentence - judge assessed culpability within the medium bracket – held to be appropriate – sentence not manifestly excessive – appeal dismissed.

[2025] NICA 7 Keegan LCJ