McBride & Ors, R v [2014] NICA 45 (3 June 2014)

McBride & Ors, R v [2014] NICA 45 (3 June 2014)

The sentences imposed on Richard Barry and Glenn Benson were not manifestly excessive or wrong in principle, and any disparity with Martin Fleming's sentence did not justify reduction. However, the sentence imposed on Andrew McBride was excessive relative to his lesser role and should be reduced from 7 years to 6 years.

Citation
[2014] NICA 45
Parties
Prosecution: The Queen; Appellant: Andrew McBride; Appellant: Glenn Benson; Appellant: Richard Barry
Jurisdiction
Northern Ireland
Judgment Date
03 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of Richard Barry and Glenn Benson dismissed; appeal of Andrew McBride allowed in part
Legal Topics
Blackmail, Sentencing, Disparity of Sentence, Paramilitary Crime
Criminal Law Blackmail Sentencing Disparity of Sentence Paramilitary Crime

Case Brief

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Parties

The Queen

Prosecution

Andrew McBride

Appellant

Glenn Benson

Appellant

Richard Barry

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were manifestly excessive or wrong in principle
  2. 2 Whether there was unjustified disparity between sentences imposed on co-accused

Ratio Decidendi

The sentences imposed on Richard Barry and Glenn Benson were not manifestly excessive or wrong in principle, and any disparity with Martin Fleming's sentence did not justify reduction. However, the sentence imposed on Andrew McBride was excessive relative to his lesser role and should be reduced from 7 years to 6 years.

Court Disposition

Appeals of Richard Barry and Glenn Benson dismissed; appeal of Andrew McBride allowed in part

Orders

  • Sentence of Andrew McBride reduced from 7 years to 6 years' imprisonment
  • Sentences of Richard Barry and Glenn Benson affirmed