McMullan & Anor, R v [2012] NICC 34 (11 October 2012)

McMullan & Anor, R v [2012] NICC 34 (11 October 2012)

Given the defendants' roles as ringleaders, aggravating factors, and early guilty pleas, the court imposed sentences at the highest range suggested by precedent, reduced by one third for plea, with activation of McMullan's suspended sentence for relevant prior offences.

Citation
[2012] NICC 34
Parties
Prosecution: The Queen; Defendant: Anthony McMullan; Defendant: James Owen Brophy
Jurisdiction
Northern Ireland
Judgment Date
11 October 2012
Procedural Posture
Criminal / Sentencing
Outcome
guilty plea; sentences imposed
Legal Topics
Riot, Public Disorder, Sentencing, Aggravating Factors, Mitigating Factors
Criminal Law Riot Public Disorder Sentencing Aggravating Factors Mitigating Factors

Case Brief

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Parties

The Queen

Prosecution

Anthony McMullan

Defendant

James Owen Brophy

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for riotous behaviour
  2. 2 Application of aggravating and mitigating factors
  3. 3 Activation of suspended sentence

Ratio Decidendi

Given the defendants' roles as ringleaders, aggravating factors, and early guilty pleas, the court imposed sentences at the highest range suggested by precedent, reduced by one third for plea, with activation of McMullan's suspended sentence for relevant prior offences.

Court Disposition

guilty plea; sentences imposed

Orders

  • Anthony McMullan: 2 years 8 months custodial term and 2 years 8 months licence term for Counts 12, 13, 14; 6 months custodial and 6 months licence for Count 4 (all concurrent); 4 months activated suspended sentence for assaults on police and resisting police (consecutive, under 1996 Order).
  • James Owen Brophy: 2 years 8 months custodial term and 2 years 8 months licence term for Counts 12, 13, 15; 6 months custodial and 6 months licence for Counts 9, 10 (all concurrent).