Moane, R v [2012] NICC 30 (14 September 2012)

Moane, R v [2012] NICC 30 (14 September 2012)

The defendant is dangerous under Article 13 of the Criminal Justice (NI) Order 2008 due to significant risk of serious harm from further offences, primarily linked to alcohol dependence. A discretionary life sentence is not required; an indeterminate custodial sentence with a minimum term of 5 years is imposed for manslaughter, with concurrent sentences for other offences.

Citation
[2012] NICC 30
Parties
Prosecution: The Queen; Defendant: Gary Philip Moane
Jurisdiction
Northern Ireland
Judgment Date
14 September 2012
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Diminished Responsibility, Malicious Wounding, Threats to Kill, Hijacking, Driving With Excess Alcohol, Dangerousness Assessment, Sentencing Guidelines
Criminal Law Manslaughter Diminished Responsibility Malicious Wounding Threats to Kill Hijacking Driving With Excess Alcohol Dangerousness Assessment +1 more

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Parties

The Queen

Prosecution

Gary Philip Moane

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant is dangerous under Article 13 of the Criminal Justice (NI) Order 2008
  2. 2 Appropriateness of discretionary life sentence versus indeterminate custodial sentence
  3. 3 Assessment of minimum term for manslaughter by diminished responsibility

Ratio Decidendi

The defendant is dangerous under Article 13 of the Criminal Justice (NI) Order 2008 due to significant risk of serious harm from further offences, primarily linked to alcohol dependence. A discretionary life sentence is not required; an indeterminate custodial sentence with a minimum term of 5 years is imposed for manslaughter, with concurrent sentences for other offences.

Court Disposition

convicted and sentenced

Orders

  • Indeterminate custodial sentence for manslaughter with minimum term of 5 years
  • Extended custodial sentence for malicious wounding: custodial term of 2.5 years, extension period of 5 years