Proctor, R v [2009] NICC 7 (6 February 2009)

Proctor, R v [2009] NICC 7 (6 February 2009)

Given the defendant's participation in a joint enterprise to inflict grievous bodily harm, the catastrophic consequences for the principal victim, the sectarian and premeditated nature of the attack, and the defendant's youth and late guilty plea, the appropriate sentence is 12 years' detention followed by one year...

Source-derived case information.

Citation
[2009] NICC 7
Parties
Prosecution: The Queen; Defendant: Darryl Proctor
Jurisdiction
Northern Ireland
Judgment Date
06 February 2009
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Custody probation order: 12 years' detention followed by 1 year probation (subject to consent); concurrent sentences on other counts.
Legal Topics
Grievous Bodily Harm With Intent, Joint Enterprise, Sentencing, Sectarian Violence
Criminal Law Grievous Bodily Harm With Intent Joint Enterprise Sentencing Sectarian Violence

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Summary, issues, holding and outcome

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Parties

The Queen

Prosecution

Darryl Proctor

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for grievous bodily harm with intent under s.18 Offences Against the Person Act 1861
  2. 2 Application of joint enterprise liability
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

Given the defendant's participation in a joint enterprise to inflict grievous bodily harm, the catastrophic consequences for the principal victim, the sectarian and premeditated nature of the attack, and the defendant's youth and late guilty plea, the appropriate sentence is 12 years' detention followed by one year probation (custody probation order), with concurrent sentences for related offences.

Court Disposition

Custody probation order: 12 years' detention followed by 1 year probation (subject to consent); concurrent sentences on other counts.

Orders

  • On count four: 12 years' detention followed by 1 year probation (custody probation order)
  • On count two: 3 years' detention (concurrent)