Carlisle, R v [2015] NICA 19 (17 April 2015)
The sentence of six years for attempted grievous bodily harm was severe but not manifestly excessive given the high culpability, preparation, and need for deterrence in petrol bomb offences; the trial judge properly exercised discretion and applied the principle of totality.
Source-derived case information.
- Citation
- [2015] NICA 19
- Parties
- Prosecution: The Queen; Applicant: Daniel Carlisle
- Jurisdiction
- Northern Ireland
- Judgment Date
- 17 April 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Sentence
- Outcome
- application for leave to appeal refused
- Legal Topics
- Sentencing, Attempted Grievous Bodily Harm, Petrol Bomb Offences, Mitigation, Totality Principle
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Queen
Prosecution
Daniel Carlisle
Applicant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Legal Issues
- 1 Whether the sentence of six years for attempted grievous bodily harm was manifestly excessive
- 2 Whether the trial judge failed to identify a relevant starting point for sentencing
- 3 Whether the trial judge failed to recognise that attempts usually carry lesser sentences than completed offences
Ratio Decidendi
The sentence of six years for attempted grievous bodily harm was severe but not manifestly excessive given the high culpability, preparation, and need for deterrence in petrol bomb offences; the trial judge properly exercised discretion and applied the principle of totality.
Court Disposition
application for leave to appeal refused
Orders
- Leave to appeal sentence refused
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