Matilla, R v [2008] NICC 23 (6 June 2008)

Matilla, R v [2008] NICC 23 (6 June 2008)

The gravity of the offence, presence of multiple aggravating factors, and the defendant's early guilty plea justified a sentence of nine years imprisonment, with a recommendation for deportation upon release due to public interest.

Citation
[2008] NICC 23
Parties
Prosecution: The Queen; Defendant: Gabino Matilla
Jurisdiction
Northern Ireland
Judgment Date
06 June 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Rape, Sentencing, Deportation, Mitigation, Aggravation
Criminal Law Rape Sentencing Deportation Mitigation Aggravation

Case Brief

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Parties

The Queen

Prosecution

Gabino Matilla

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for rape with aggravating and mitigating factors
  2. 2 recommendation for deportation of foreign national convicted of serious crime

Ratio Decidendi

The gravity of the offence, presence of multiple aggravating factors, and the defendant's early guilty plea justified a sentence of nine years imprisonment, with a recommendation for deportation upon release due to public interest.

Court Disposition

conviction and sentencing

Orders

  • Defendant sentenced to nine years imprisonment.
  • Recommendation for deportation upon release.