Fegan, R v [2018] NICA 2 (12 January 2018)

Fegan, R v [2018] NICA 2 (12 January 2018)

The sentence of 13 years and 6 months with an extended licence of 3 years for grievous bodily harm with intent against a vulnerable child, where the appellant had previous convictions for violence against children and attempted to blame the mother, was not manifestly excessive and was justified by the high...

Source-derived case information.

Citation
[2018] NICA 2
Parties
Prosecution: Regina; Appellant: Darren Fegan
Jurisdiction
Northern Ireland
Judgment Date
12 January 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Grievous Bodily Harm, Offences Against Children, Dangerousness, Extended Sentence
Criminal Law Sentencing Grievous Bodily Harm Offences Against Children Dangerousness Extended Sentence

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Parties

Regina

Prosecution

Darren Fegan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for grievous bodily harm with intent was manifestly excessive
  2. 2 Appropriateness of sentencing guidelines applied to offences against young children

Ratio Decidendi

The sentence of 13 years and 6 months with an extended licence of 3 years for grievous bodily harm with intent against a vulnerable child, where the appellant had previous convictions for violence against children and attempted to blame the mother, was not manifestly excessive and was justified by the high culpability and extreme harm caused.

Court Disposition

appeal dismissed

Orders

  • Sentence of 13 years and 6 months imprisonment with an extended licence of 3 years affirmed