McDade & Anor, R. v [2017] NICA 37 (26 May 2017)

McDade & Anor, R. v [2017] NICA 37 (26 May 2017)

The sentences imposed by the Crown Court were unduly lenient given the aggravating factors and failure to implement suspended sentences. The Court of Appeal increased the sentences to reflect appropriate starting points, aggravating features, and the need to implement suspended sentences, subject to totality and double jeopardy considerations.

Citation
[2017] NICA 37
Parties
Prosecution: Regina; Respondent: Declan McDade; Respondent: Shaun Gault
Jurisdiction
Northern Ireland
Judgment Date
26 May 2017
Procedural Posture
Criminal Sentence Reference / Court of Appeal Judgment on Reference Under Section 36 Criminal Justice Act
Outcome
Sentences increased on reference; suspended sentences implemented.
Legal Topics
Robbery, Possession of Offensive Weapon, Wounding, Assault, Sentencing, Suspended Sentences, Totality Principle, Double Jeopardy
Criminal Law Robbery Possession of Offensive Weapon Wounding Assault Sentencing Suspended Sentences Totality Principle +1 more

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Parties

Regina

Prosecution

Declan McDade

Respondent

Shaun Gault

Respondent

Procedural Posture

Criminal Sentence Reference / Court of Appeal Judgment on Reference Under Section 36 Criminal Justice Act

Legal Issues

  1. 1 Whether the sentences imposed by the Crown Court were unduly lenient
  2. 2 Appropriate starting points for sentencing for robbery and wounding
  3. 3 Implementation of suspended sentences

Ratio Decidendi

The sentences imposed by the Crown Court were unduly lenient given the aggravating factors and failure to implement suspended sentences. The Court of Appeal increased the sentences to reflect appropriate starting points, aggravating features, and the need to implement suspended sentences, subject to totality and double jeopardy considerations.

Court Disposition

Sentences increased on reference; suspended sentences implemented.

Orders

  • For Gault: total sentence increased to 5 years and 7 months (half in custody, half on licence) by implementing suspended sentences.
  • For McDade: total sentence increased to 7 and a half years (3 years for assault, 4 and a half years for robbery, suspended sentences implemented concurrently).