CM, R v [2011] NICC 8 (3 March 2011)

CM, R v [2011] NICC 8 (3 March 2011)

Given the defendant's history of violent offending, lack of protective factors, and high risk of serious harm to the public, he is found to be a dangerous offender under the 2008 Order. An extended custodial sentence is necessary for public protection, balanced with the welfare of the child and the minimum period required.

Citation
[2011] NICC 8
Parties
Prosecution: The Queen; Defendant: C M
Jurisdiction
Northern Ireland
Judgment Date
03 March 2011
Procedural Posture
Criminal / Sentencing Judgment After Guilty Plea
Outcome
Defendant sentenced to extended custodial sentences on all counts; probation order revoked with no further order.
Legal Topics
Robbery, Possession of Offensive Weapon, Threats to Kill, Dangerous Offender, Extended Custodial Sentence, Youth Sentencing, Public Protection
Criminal Law Youth Justice Robbery Possession of Offensive Weapon Threats to Kill Dangerous Offender Extended Custodial Sentence Youth Sentencing +1 more

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Parties

The Queen

Prosecution

C M

Defendant

Procedural Posture

Criminal / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 Whether the defendant is a dangerous offender under the Criminal Justice (NI) Order 2008
  2. 2 Appropriate sentence for attempted robbery, possession of offensive weapon, and threats to kill by a youth
  3. 3 Consideration of public protection and welfare of the child in sentencing

Ratio Decidendi

Given the defendant's history of violent offending, lack of protective factors, and high risk of serious harm to the public, he is found to be a dangerous offender under the 2008 Order. An extended custodial sentence is necessary for public protection, balanced with the welfare of the child and the minimum period required.

Court Disposition

Defendant sentenced to extended custodial sentences on all counts; probation order revoked with no further order.

Orders

  • Count 1 – Possession of an Offensive Weapon: 10 months YOC
  • Count 2 – Attempted Robbery: 8 years ECS (3 years custody, 5 years licence)