Ryan, R v [2004] NICC 21 (22 October 2004)

Ryan, R v [2004] NICC 21 (22 October 2004)

The appropriate starting point for tariff is fifteen years due to extensive and multiple injuries inflicted on the victim, with mitigating factors including severe personality disorder and timely guilty plea reducing the tariff to twelve years.

Citation
[2004] NICC 21
Parties
Prosecution: The Queen; Defendant: David Malcolm Ryan
Jurisdiction
Northern Ireland
Judgment Date
22 October 2004
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Tariff for life sentence set at twelve years before eligibility for release consideration.
Legal Topics
Murder, Sentencing, Life Imprisonment, Tariff Fixing
Criminal Law Murder Sentencing Life Imprisonment Tariff Fixing

Case Brief

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Parties

The Queen

Prosecution

David Malcolm Ryan

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate tariff for life sentence in murder case
  2. 2 Consideration of aggravating and mitigating factors
  3. 3 Application of Practice Statement guidelines

Ratio Decidendi

The appropriate starting point for tariff is fifteen years due to extensive and multiple injuries inflicted on the victim, with mitigating factors including severe personality disorder and timely guilty plea reducing the tariff to twelve years.

Court Disposition

Tariff for life sentence set at twelve years before eligibility for release consideration.

Orders

  • Accused sentenced to life imprisonment.
  • Minimum term (tariff) fixed at twelve years.