Gribben, R. v [2004] NICC 7 (24 May 2004)

Gribben, R. v [2004] NICC 7 (24 May 2004)

The offence falls within the normal starting point category for adult murder, but aggravating features such as planning, use of a firearm, and deliberate arming warrant an upward variation. The case is not sufficiently close to the borderline between murder and manslaughter to justify a reduced tariff. The appropriate tariff is 13 years, including time spent in custody on remand.

Citation
[2004] NICC 7
Parties
Prosecution: The Queen; Defendant: Ignatius Patrick Gribben
Jurisdiction
Northern Ireland
Judgment Date
24 May 2004
Procedural Posture
Criminal Appeal (tariff Setting for Life Sentence) / Decision on Tariff After Conviction and Appeal
Outcome
Tariff for life sentence set at 13 years, including time spent in custody on remand.
Legal Topics
Murder, Life Sentence Tariff, Provocation, Manslaughter Borderline, Sentencing Guidelines
Criminal Law Murder Life Sentence Tariff Provocation Manslaughter Borderline Sentencing Guidelines

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Parties

The Queen

Prosecution

Ignatius Patrick Gribben

Defendant

Procedural Posture

Criminal Appeal (tariff Setting for Life Sentence) / Decision on Tariff After Conviction and Appeal

Legal Issues

  1. 1 What is the appropriate tariff for retribution and deterrence for the murder conviction under Article 11 of the Life Sentences (NI) Order 2001?
  2. 2 Does the case fall close to the borderline between murder and manslaughter, warranting a reduced tariff?
  3. 3 What aggravating and mitigating factors are present in the offence and offender's conduct?

Ratio Decidendi

The offence falls within the normal starting point category for adult murder, but aggravating features such as planning, use of a firearm, and deliberate arming warrant an upward variation. The case is not sufficiently close to the borderline between murder and manslaughter to justify a reduced tariff. The appropriate tariff is 13 years, including time spent in custody on remand.

Court Disposition

Tariff for life sentence set at 13 years, including time spent in custody on remand.

Orders

  • The offender's case will be referred to the Life Sentence Review Commissioners after serving the tariff period.