Gaskin & Anor, R v [2013] NICC 22 (27 November 2013)

Gaskin & Anor, R v [2013] NICC 22 (27 November 2013)

Daniel Gaskin did not pass the dangerousness test and receives a determinate sentence reduced for mitigation and early admissions. Gerard Gaskin passes the dangerousness test due to significant risk of serious harm, history of violence, and personality disorder, warranting an indeterminate custodial sentence for public protection.

Citation
[2013] NICC 22
Parties
Prosecution: Regina; Defendant: Daniel Bernard Gaskin; Defendant: Gerard Gaskin
Jurisdiction
Northern Ireland
Judgment Date
27 November 2013
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted of manslaughter; sentencing imposed
Legal Topics
Manslaughter, Provocation, Diminished Responsibility, Sentencing, Dangerousness
Criminal Law Manslaughter Provocation Diminished Responsibility Sentencing Dangerousness

Case Brief

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Parties

Regina

Prosecution

Daniel Bernard Gaskin

Defendant

Gerard Gaskin

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for manslaughter by reason of provocation and diminished responsibility
  2. 2 Assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 Determination of aggravating and mitigating factors in sentencing

Ratio Decidendi

Daniel Gaskin did not pass the dangerousness test and receives a determinate sentence reduced for mitigation and early admissions. Gerard Gaskin passes the dangerousness test due to significant risk of serious harm, history of violence, and personality disorder, warranting an indeterminate custodial sentence for public protection.

Court Disposition

convicted of manslaughter; sentencing imposed

Orders

  • Daniel Gaskin sentenced to six years: three years custody, three years on licence, with conditions for alcohol/drug counselling and work programme.
  • Gerard Gaskin sentenced to indeterminate custodial sentence; minimum period to be specified, release subject to parole board satisfaction of public protection.