Belfast Crown Court v Griffiths [2009] NICC 23 (20 March 2009)

Belfast Crown Court v Griffiths [2009] NICC 23 (20 March 2009)

Given the defendant's lower culpability, absence of harm, full cooperation, lack of financial gain, and otherwise exemplary character, a custodial sentence is warranted but can be suspended; the appropriate sentence is one year's imprisonment suspended for three years.

Citation
[2009] NICC 23
Parties
Prosecution: The Queen; Defendant: Anthony Griffiths
Jurisdiction
Northern Ireland
Judgment Date
20 March 2009
Procedural Posture
Criminal / Sentencing Judgment After Guilty Plea
Outcome
convicted on plea of guilty to first count; sentenced to one year's imprisonment suspended for three years
Legal Topics
Misconduct in Public Office, Aiding and Abetting, Sentencing, Data Protection, Abuse of Public Trust
Criminal Law Public Law Misconduct in Public Office Aiding and Abetting Sentencing Data Protection Abuse of Public Trust

Case Brief

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Parties

The Queen

Prosecution

Anthony Griffiths

Defendant

Procedural Posture

Criminal / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for aiding, abetting, counselling or procuring misconduct in public office
  2. 2 Assessment of culpability and consequences of the offending
  3. 3 Whether a custodial sentence should be immediate or suspended

Ratio Decidendi

Given the defendant's lower culpability, absence of harm, full cooperation, lack of financial gain, and otherwise exemplary character, a custodial sentence is warranted but can be suspended; the appropriate sentence is one year's imprisonment suspended for three years.

Court Disposition

convicted on plea of guilty to first count; sentenced to one year's imprisonment suspended for three years

Orders

  • One year's imprisonment suspended for three years