Cornick, R. v [2014] EWHC 3623 (QB) (03 November 2014)

Cornick, R. v [2014] EWHC 3623 (QB) (03 November 2014)

The defendant failed to demonstrate a real and immediate risk to life under Article 2 ECHR; evidence of adverse effect on rehabilitation was general and outweighed by public interest in open justice, deterrence, and prior identification. The Article 10 rights of the press and public outweigh Article 8 rights of the defendant. The s.39 order should be lifted for William Cornick; he may be publicly identified as the killer of Ann Maguire.

Citation
[2014] EWHC 3623 (QB)
Parties
Prosecution: R; Defendant: William Cornick
Jurisdiction
England and Wales
Judgment Date
03 November 2014
Procedural Posture
Criminal / Post Conviction Sentencing and Reporting Restriction Application
Outcome
Reporting restriction (s.39 order) lifted for William Cornick; sentencing for murder confirmed.
Legal Topics
Murder, Reporting Restrictions, Anonymity Orders, Open Justice, Children and Young Persons, Detention at Her Majesty's Pleasure, Minimum Term, Balancing Exercise, Article 2 ECHR, Article 8 ECHR, Article 10 ECHR
Criminal Law Media Law Human Rights Law Murder Reporting Restrictions Anonymity Orders Open Justice Children and Young Persons +6 more

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Parties

R

Prosecution

William Cornick

Defendant

Procedural Posture

Criminal / Post Conviction Sentencing and Reporting Restriction Application

Legal Issues

  1. 1 Whether reporting restrictions under s.39 Children and Young Persons Act 1933 should be extended for William Cornick after conviction and sentencing
  2. 2 Whether Article 2 ECHR (right to life) is engaged by public identification
  3. 3 Balancing Article 8 ECHR (privacy/welfare) and Article 10 ECHR (freedom of expression/open justice)

Ratio Decidendi

The defendant failed to demonstrate a real and immediate risk to life under Article 2 ECHR; evidence of adverse effect on rehabilitation was general and outweighed by public interest in open justice, deterrence, and prior identification. The Article 10 rights of the press and public outweigh Article 8 rights of the defendant. The s.39 order should be lifted for William Cornick; he may be publicly identified as the killer of Ann Maguire.

Court Disposition

Reporting restriction (s.39 order) lifted for William Cornick; sentencing for murder confirmed.

Orders

  • William Cornick sentenced to detention during Her Majesty's pleasure with a minimum term of 20 years.
  • Victim surcharge applies.