Macartney, R. v [2019] NICC 17 (04 July 2019)

Macartney, R. v [2019] NICC 17 (04 July 2019)

The defendant's excessive speed, repeated dangerous driving, and resulting deaths place the case in the upper intermediate category of culpability. However, his youth, inexperience, remorse, and clear record warrant maximum credit, reducing the sentence by one third.

Citation
[2019] NICC 17
Parties
Prosecution: The Crown; Defendant: Charles Macartney
Jurisdiction
Northern Ireland
Judgment Date
04 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence imposed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Aggravating and Mitigating Factors, Youth Discount, Driving Disqualification

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Prosecution

Charles Macartney

Defendant

Procedural Posture

Criminal / Sentencing

  1. 1 Appropriate sentence for causing death by dangerous driving
  2. 2 Application of sentencing guidelines for dangerous driving resulting in death
  3. 3 Consideration of aggravating and mitigating factors including youth and remorse

Ratio Decidendi

The defendant's excessive speed, repeated dangerous driving, and resulting deaths place the case in the upper intermediate category of culpability. However, his youth, inexperience, remorse, and clear record warrant maximum credit, reducing the sentence by one third.

Court Disposition

conviction and custodial sentence imposed

Orders

  • 28 months imprisonment (14 months custody, 14 months licence) for Count 1
  • 28 months imprisonment (14 months custody, 14 months licence) for Count 2