Irvine & Anor, R v [2015] NICC 2 (27 February 2015)

Irvine & Anor, R v [2015] NICC 2 (27 February 2015)

The minimum term for Alan Peter Irvine's life sentence is set at 12 years, reduced from a 16-year starting point due to mitigating factors including lack of proven intent to kill and a guilty plea, with no aggravation established. Elizabeth Irvine is sentenced to two years' imprisonment on each count for perverting the course of justice and withholding information, to run concurrently, but both sentences are suspended for three years due to her significant mental health issues.

Citation
[2015] NICC 2
Parties
Prosecution: The Queen; Defendant: Alan Peter Irvine; Defendant: Elizabeth Irvine
Jurisdiction
Northern Ireland
Judgment Date
27 February 2015
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Murder, Perverting the Course of Justice, Withholding Information, Sentencing, Mitigation, Aggravating Factors
Criminal Law Murder Perverting the Course of Justice Withholding Information Sentencing Mitigation Aggravating Factors

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Parties

The Queen

Prosecution

Alan Peter Irvine

Defendant

Elizabeth Irvine

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate minimum term for murder conviction under Northern Ireland law
  2. 2 Sentencing for perverting the course of justice and withholding information
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The minimum term for Alan Peter Irvine's life sentence is set at 12 years, reduced from a 16-year starting point due to mitigating factors including lack of proven intent to kill and a guilty plea, with no aggravation established. Elizabeth Irvine is sentenced to two years' imprisonment on each count for perverting the course of justice and withholding information, to run concurrently, but both sentences are suspended for three years due to her significant mental health issues.

Court Disposition

conviction and sentencing

Orders

  • Alan Peter Irvine sentenced to life imprisonment with a minimum term of 12 years, to be served in full without remission.
  • Elizabeth Irvine sentenced to two years' imprisonment on each count (perverting the course of justice and withholding information), sentences to run concurrently and suspended for three years.