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
Legal Issues
- 1 Appropriate sentence for causing death by dangerous driving
- 2 Application of sentencing guidelines for dangerous driving resulting in death
- 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
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