Fulton & Ors, R. v [2006] NICC 14 (23 June 2006)

Fulton & Ors, R. v [2006] NICC 14 (23 June 2006)

Given the seriousness of the group assault resulting in death, the use of feet as an aggravating factor, the defendants' remorse, early guilty pleas, and personal circumstances, the appropriate sentence for Fulton and McCullough is seven years imprisonment, reduced to six years imprisonment plus 12 months probation supervision with consent. For McCartney and Annesley, as peripheral participants in a spontaneous affray with no direct responsibility for the death, the appropriate sentence is two years imprisonment, reduced to 12 months imprisonment plus 12 months probation supervision with consent.

Citation
[2006] NICC 14
Parties
Prosecution: The Queen; Defendant: Fulton; Defendant: McCullough; Defendant: McCartney; Defendant: Annesley
Jurisdiction
Northern Ireland
Judgment Date
23 June 2006
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
convicted on guilty pleas to manslaughter (Fulton, McCullough) and affray (McCartney, Annesley); murder charge not proceeded with
Legal Topics
Manslaughter, Affray, Sentencing, Guilty Plea
Criminal Law Manslaughter Affray Sentencing Guilty Plea

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Parties

The Queen

Prosecution

Fulton

Defendant

McCullough

Defendant

McCartney

Defendant

Annesley

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for manslaughter where death resulted from group assault without intent to kill or cause grievous bodily harm
  2. 2 Appropriate sentence for affray where death occurred but defendants were not central participants

Ratio Decidendi

Given the seriousness of the group assault resulting in death, the use of feet as an aggravating factor, the defendants' remorse, early guilty pleas, and personal circumstances, the appropriate sentence for Fulton and McCullough is seven years imprisonment, reduced to six years imprisonment plus 12 months probation supervision with consent. For McCartney and Annesley, as peripheral participants in a spontaneous affray with no direct responsibility for the death, the appropriate sentence is two years imprisonment, reduced to 12 months imprisonment plus 12 months probation supervision with consent.

Court Disposition

convicted on guilty pleas to manslaughter (Fulton, McCullough) and affray (McCartney, Annesley); murder charge not proceeded with

Orders

  • Fulton: six years imprisonment plus 12 months probation supervision (with consent)
  • McCullough: six years imprisonment plus 12 months probation supervision (with consent)