Bustard & Ors, R v [2015] NICC 12 (18 September 2015)

Bustard & Ors, R v [2015] NICC 12 (18 September 2015)

The first defendant was found to be a dangerous offender under the 2008 Order, but the offence did not justify a life sentence. An extended custodial sentence was imposed, with a 7-year custodial term (discounted for early guilty plea) and a 4-year extension period for public protection. The second defendant received a suspended sentence for assisting an offender, and the third defendant's sentence was not detailed in the provided text.

Citation
[2015] NICC 12
Parties
Prosecution: Regina; First Defendant: Paul Bustard; Second Defendant: Olwyn Bustard; Third Defendant: James Gawn
Jurisdiction
Northern Ireland
Judgment Date
18 September 2015
Procedural Posture
Criminal / Sentencing Judgment After Guilty Pleas
Outcome
Conviction and sentencing on guilty pleas
Legal Topics
Manslaughter, Assisting an Offender, Withholding Information, Sentencing, Dangerousness, Extended Custodial Sentence
Criminal Law Manslaughter Assisting an Offender Withholding Information Sentencing Dangerousness Extended Custodial Sentence

Case Brief

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Parties

Regina

Prosecution

Paul Bustard

First Defendant

Olwyn Bustard

Second Defendant

James Gawn

Third Defendant

Procedural Posture

Criminal / Sentencing Judgment After Guilty Pleas

Legal Issues

  1. 1 Appropriate sentence for manslaughter where self-defence exceeded
  2. 2 Assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 Whether life sentence, indeterminate or extended custodial sentence is justified

Ratio Decidendi

The first defendant was found to be a dangerous offender under the 2008 Order, but the offence did not justify a life sentence. An extended custodial sentence was imposed, with a 7-year custodial term (discounted for early guilty plea) and a 4-year extension period for public protection. The second defendant received a suspended sentence for assisting an offender, and the third defendant's sentence was not detailed in the provided text.

Court Disposition

Conviction and sentencing on guilty pleas

Orders

  • Paul Bustard: 7 years imprisonment with 4-year extension period (extended custodial sentence) for manslaughter.
  • Olwyn Bustard: 1 year imprisonment suspended for 2 years for assisting an offender.