The King v John Paul Whitla
In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).
DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years