Cunningham, R v [2005] NICC 45 (20 May 2005)

Cunningham, R v [2005] NICC 45 (20 May 2005)

Professing membership of a proscribed organisation is a serious offence warranting a custodial sentence; mitigating factors reduce severity but do not obviate imprisonment.

Citation
[2005] NICC 45
Parties
Prosecution: The Queen; Defendant: Dennis Cunningham
Jurisdiction
Northern Ireland
Judgment Date
20 May 2005
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentence imposed
Legal Topics
Terrorism, Proscribed Organisation, Sentencing, Mitigation
Criminal Law Terrorism Proscribed Organisation Sentencing Mitigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Prosecution

Dennis Cunningham

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant professed to belong to a proscribed organisation contrary to Section 11(1) of the Terrorism Act 2000
  2. 2 Appropriate sentence for professing membership of a proscribed organisation

Ratio Decidendi

Professing membership of a proscribed organisation is a serious offence warranting a custodial sentence; mitigating factors reduce severity but do not obviate imprisonment.

Court Disposition

custodial sentence imposed

Orders

  • imprisonment for professing to belong to a proscribed organisation