McGlinchey, R v [2009] NICC 73 (12 November 2009)

McGlinchey, R v [2009] NICC 73 (12 November 2009)

The gravity and combination of offences, including careless driving with excess alcohol causing death and deliberate destruction of evidence to avoid detection, justify a custodial sentence. Aggravating factors outweigh mitigating factors, warranting a four-year determinate sentence with concurrent terms for perverting the course of justice and driving offences, and a seven-year driving disqualification.

Citation
[2009] NICC 73
Parties
Prosecution: Regina; Defendant: Andrew McGlinchey
Jurisdiction
Northern Ireland
Judgment Date
12 November 2009
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and custodial sentence imposed
Legal Topics
Careless Driving Causing Death, Excess Alcohol, Perverting the Course of Justice, Failure to Report, Failure to Stop, Failure to Remain, Driving Without Insurance
Criminal Law Road Traffic Law Careless Driving Causing Death Excess Alcohol Perverting the Course of Justice Failure to Report Failure to Stop Failure to Remain +1 more

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Parties

Regina

Prosecution

Andrew McGlinchey

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentencing for careless driving with excess alcohol causing death
  2. 2 assessment of aggravating and mitigating factors
  3. 3 consecutive or concurrent sentencing for perverting the course of justice

Ratio Decidendi

The gravity and combination of offences, including careless driving with excess alcohol causing death and deliberate destruction of evidence to avoid detection, justify a custodial sentence. Aggravating factors outweigh mitigating factors, warranting a four-year determinate sentence with concurrent terms for perverting the course of justice and driving offences, and a seven-year driving disqualification.

Court Disposition

conviction and custodial sentence imposed

Orders

  • Four years imprisonment for careless driving with excess alcohol causing death (Count 1)
  • Two years imprisonment for perverting the course of justice (Count 2), concurrent