Sentencing guidelines - Manslaughter

65 results

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

18 December 2024

The King v Alexander McCartney

This is a short addendum ruling correcting an error in sentencing within the main judgment reported at [2024] NICC 30 . Determinate custodial sentences were replaced with extended custodial sentences where necessary

[2024] NICC 36 O'Hara J

25 October 2024

King v Alexander McCartney

Crown Court sentencing remarks – catfishing – sextortion - manslaughter - causing or inciting girls under 13 and between the age of 13 and 16 to engage in sexual activity – blackmail – making, distributing and possessing indecent images of children – causing a person to engage in sexual activity without consent - intimidation - sexual communication with a child - offending against 70 victims worldwide – harm inevitably and indisputably huge – assessed as presenting a significant risk of serious harm – victim did not prove on the balance of probabilities that he was the victim of catfishing as a child – no previous record – pleas of guilty – some limited evidence of remorse post 2019 – numerous aggravating factors outlined at para [77] - extensive and worsening offending after his first arrest in 2016 – life sentence imposed – 20 year minimum tariff imposed with concurrent sentences in respect of the remaining counts – 10 year SOPO – disqualified from working with children – disposal order in respect of 13 devices

[2024] NICC 30 O'Hara J

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

22 September 2008

R v James Junior McKinstry Craig

Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.

[2008] NILST 13 Kerr LCJ

03 September 2008

R v John Smith

Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.

[2008] NILST 9 Kerr LCJ

17 July 2008

R v Christopher McMillan

Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.

[2008] NILST 8 Kerr LCJ

26 May 2008

R v Nicholas Evans

Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.

[2008] NILST 12 Kerr LCJ

19 May 2008

R v William Murphy

Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.

[2008] NILST 7 Kerr LCJ

19 May 2008

R v William Campbell

Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.

[2008] NILST 6 Kerr LCJ

01 April 2008

R v Victor Graham

Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.

[2008] NILST 14 Kerr LCJ

01 April 2008

R v Andrew Neville Browne

Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.

[2008] NILST 11 Kerr LCJ

06 March 2008

R v Stephen Geoffrey Irwin

Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.

[2008] NILST 5 Kerr LCJ

04 March 2008

R v William Sloan

Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.

[2008] NILST 10 Kerr LCJ

27 February 2008

R v Trevor James Leslie McKeown

Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.

[2008] NILST 3 Kerr LCJ