McNnally, R v [2012] NICC 22 (30 March 2012)

McNnally, R v [2012] NICC 22 (30 March 2012)

The defendant represents a significant risk of serious harm to the public due to his willingness to resort to violence, sectarian motivation, and persistent offending; an extended sentence is required for deterrence and public protection.

Citation
[2012] NICC 22
Parties
Prosecution: Queen; Defendant: Francis Paul McNally
Jurisdiction
Northern Ireland
Judgment Date
30 March 2012
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
extended sentence imposed
Legal Topics
Possession of Explosive Device, Dangerousness Assessment, Extended Sentence, Sectarian Violence
Criminal Law Possession of Explosive Device Dangerousness Assessment Extended Sentence Sectarian Violence

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Parties

Queen

Prosecution

Francis Paul McNally

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the defendant poses a significant risk of serious harm to the public under Article 15 of the Criminal Justice (Northern Ireland) Order 2008
  2. 2 Appropriate sentence for possession of an improvised explosive device with intent to endanger life or cause serious injury to property

Ratio Decidendi

The defendant represents a significant risk of serious harm to the public due to his willingness to resort to violence, sectarian motivation, and persistent offending; an extended sentence is required for deterrence and public protection.

Court Disposition

extended sentence imposed

Orders

  • 11 years custodial term
  • 5 years extended licence