Harwood, R. v [2007] NICA 49 (9 November 2007)

Harwood, R. v [2007] NICA 49 (9 November 2007)

Given the deliberate and substantial violence inflicted with a knife, the appellant's criminal record, and the aggravating factors present, the sentence of thirteen years was within the proper range for this type of manslaughter. The trial judge did not err in the credit given for the guilty plea, the refusal to impose a custody probation order, or in the weight given to the possibility of initial self-defence. The sentence was not manifestly excessive or wrong in principle.

Citation
[2007] NICA 49
Parties
Prosecution: The Queen; Appellant/defendant: Glenn Paul Harwood
Jurisdiction
Northern Ireland
Judgment Date
09 November 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Manslaughter, Sentencing, Self Defence, Custody Probation Order, Mitigation, Aggravating Factors
Criminal Law Manslaughter Sentencing Self Defence Custody Probation Order Mitigation Aggravating Factors

Case Brief

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Parties

The Queen

Prosecution

Glenn Paul Harwood

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of thirteen years for manslaughter was manifestly excessive or wrong in principle
  2. 2 Whether sufficient credit was given for the guilty plea to manslaughter
  3. 3 Whether the trial judge erred in not imposing a custody probation order

Ratio Decidendi

Given the deliberate and substantial violence inflicted with a knife, the appellant's criminal record, and the aggravating factors present, the sentence of thirteen years was within the proper range for this type of manslaughter. The trial judge did not err in the credit given for the guilty plea, the refusal to impose a custody probation order, or in the weight given to the possibility of initial self-defence. The sentence was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed

Orders

  • Sentence of thirteen years imprisonment for manslaughter affirmed.