Sentencing Guidelines - Manslaughter

16 judgments

18 May 2017

R v Norman McKenzie

Reference by DPP under s.36 Criminal Justice Act 1988 (as amended) – gross negligence manslaughter – various breaches of health & safety at work (‘H&S’) provisions – deceased falling from roof of agricultural shed – 15 months’ imprisonment suspended for 3 years – whether suspended sentence unduly lenient – immediate sentence of 24 months (12 & 12) substituted for manslaughter and concurrent sentence of 6 months for each H&S offence.

[2017] NICA 29
Gillen LJ
14 September 2015

R v Sean Hackett

Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.

2015 NICA 57
Morgan LCJ
29 September 2011

R v J Crolly

Guidance on the correct approach to sentencing for manslaughter on the basis of diminished responsibility.

[2011] NICA 58
Higgins LJ
21 December 2010

R v Eamonn Coyle

Offender pleaded guilty to manslaughter at commencement of retrial for murder (of his grandfather) - aged 16 at the time - went to grandfather's home to get money - grabbed grandfather by neck probably causing death - offender armed with knife - two puncture wounds on deceased's neck.

[2010] NICA 48
Morgan LCJ
02 December 2008

R v Paul McMillan

First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.

[2008] NICC 40
Hart J
29 September 2008

R v Mark John Rush

Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.

[2008] NICA 43
Coghlin LJ
09 November 2007

R v Glenn Paul Harwood

Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.

[2007] NICA 49
Higgins LJ
15 June 2007

R v Stephen Magee

Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.

[2007] NICA 21
Kerr LCJ
02 June 2006

R v Ryan Quinn

Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.

[2006] NICA 27
Kerr LCJ
10 March 2006

R v Gerald Patrick Donnell

Manslaughter - GBH with intent - drunkenness and mitigation.

[2006] NICA 8
Shiel LJ
27 October 2005

R v Charles Malachy Oliver Pollock

Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.

[2005] NICA 43
Kerr LCJ
23 February 1996

R v Balmer

Appeal against conviction and sentence - gross negligence - shooting occurred while drunk - criminal evidence - exclusion of expert evidence of alleged mental illness - admissibility of expert opinion on the ultimate issue of gross negligence - whether "monstrously careless" equates to "gross negligence" - whether sentence manifestly excessive.

23 February 1996CARSWELL LJ
Carswell LJ
24 March 1995

R v Glen Kane and Raymond Hagan

Manslaughter - organised sectarian street fight - joint enterprise.

Kane & Hagan 240395
MacDermott LJ
16 December 1994

R v Currie

Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.

Campbell J
16 July 1993

R v Michael Malachy Murray

Manslaughter - stabbing - provocation - whether sentence of 10 years excessive - gravity of offence against mitigating factors.

R v Murray 160793
Hutton LCJ
11 November 1992

Attorney General's Reference No.2 of 1992

Sentencing - sentence of 5 years - whether unduly lenient.

AG Ref No.2 of 1992
Hutton LCJ