Hunter, R. v [2018] NICA 19 (13 April 2018)

Hunter, R. v [2018] NICA 19 (13 April 2018)

The original starting point of 10 years was excessive for a category 2 aggravated burglary with greater culpability but lesser harm; a starting point of 9 years would have been appropriate if fully contested. Given the circumstances and partial guilty pleas, the sentence is reduced to 8 years' imprisonment.

Source-derived case information.

Citation
[2018] NICA 19
Parties
Prosecution: The Queen; Appellant/defendant: William Hunter
Jurisdiction
Northern Ireland
Judgment Date
13 April 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
sentence reduced
Legal Topics
Aggravated Burglary, Sentencing, Firearms Offences, Discount for Guilty Plea
Criminal Law Aggravated Burglary Sentencing Firearms Offences Discount for Guilty Plea

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Queen

Prosecution

William Hunter

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for aggravated burglary was manifestly excessive or wrong in principle
  2. 2 Appropriate starting point for sentencing in aggravated burglary with intent to cause grievous bodily harm
  3. 3 Appropriate discount for guilty plea

Ratio Decidendi

The original starting point of 10 years was excessive for a category 2 aggravated burglary with greater culpability but lesser harm; a starting point of 9 years would have been appropriate if fully contested. Given the circumstances and partial guilty pleas, the sentence is reduced to 8 years' imprisonment.

Court Disposition

sentence reduced

Orders

  • Sentence for aggravated burglary reduced from 9 years to 8 years' imprisonment