McCormick, R. v [2015] NICC 15 (16 December 2015)

McCormick, R. v [2015] NICC 15 (16 December 2015)

Both defendants convicted of attempted murder; sentences determined by seriousness of offence, degree of culpability, harm caused, personal circumstances, and compliance with bail; delay reduced sentences; extended custodial sentences not imposed due to lack of significant risk of serious harm.

Citation
[2015] NICC 15
Parties
Prosecution: The Queen; Defendant: Hugh McCormick; Defendant: James Martin McCormick
Jurisdiction
Northern Ireland
Judgment Date
16 December 2015
Procedural Posture
Criminal / Sentencing
Outcome
conviction upheld; sentences imposed
Legal Topics
Attempted Murder, Sentencing, Assessment of Dangerousness, Mitigation, Delay Reduction
Criminal Law Attempted Murder Sentencing Assessment of Dangerousness Mitigation Delay Reduction

Case Brief

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Parties

The Queen

Prosecution

Hugh McCormick

Defendant

James Martin McCormick

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for attempted murder
  2. 2 assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 impact of delay on sentencing

Ratio Decidendi

Both defendants convicted of attempted murder; sentences determined by seriousness of offence, degree of culpability, harm caused, personal circumstances, and compliance with bail; delay reduced sentences; extended custodial sentences not imposed due to lack of significant risk of serious harm.

Court Disposition

conviction upheld; sentences imposed

Orders

  • Hugh McCormick sentenced to 15 years and 6 months imprisonment, with 7 years and 9 months custodial period and 7 years and 9 months licence period.
  • James Martin McCormick sentenced to 14 years and 6 months imprisonment, with 7 years and 3 months custodial period and 7 years and 3 months licence period.