Brannigan, R v [2012] NICC 21 (1 June 2012)

Brannigan, R v [2012] NICC 21 (1 June 2012)

The defendant does not pose a significant risk to the public and is not a dangerous offender under the 2008 Order. The appropriate sentence for rape, considering aggravating and mitigating factors, is 7 years, divided equally between custody and licence.

Citation
[2012] NICC 21
Parties
Prosecution: The Crown; Defendant: Defendant (unnamed); Prosecution: Miss McColgan QC
Jurisdiction
Northern Ireland
Judgment Date
01 June 2012
Procedural Posture
Criminal Appeal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Rape, Dangerous Offender Assessment, Aggravating and Mitigating Factors
Criminal Law Sentencing Rape Dangerous Offender Assessment Aggravating and Mitigating Factors

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Parties

The Crown

Prosecution

Defendant (unnamed)

Defendant

Miss McColgan QC

Prosecution

Procedural Posture

Criminal Appeal / Sentencing

Legal Issues

  1. 1 Whether the defendant poses a significant risk to the public justifying a sentence for public protection
  2. 2 Appropriate sentence for rape considering aggravating and mitigating factors

Ratio Decidendi

The defendant does not pose a significant risk to the public and is not a dangerous offender under the 2008 Order. The appropriate sentence for rape, considering aggravating and mitigating factors, is 7 years, divided equally between custody and licence.

Court Disposition

convicted and sentenced

Orders

  • 7 years imprisonment divided into 3.5 years custody and 3.5 years on licence
  • Defendant to attend and participate in PBNI Community Sex Offender Group work Programme during licence