Devlin, R. v [2023] NICA 40 (16 June 2023)
The sentence imposed was not manifestly excessive or wrong in principle; the judge was entitled to treat count 1 as the headline offence given the gravity, high culpability, and severe harm; no error in sentencing approach was identified.
- Citation
- [2023] NICA 40
- Parties
- Applicant: Jamie Devlin; Respondent: The King
- Jurisdiction
- Northern Ireland
- Judgment Date
- 16 June 2023
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence Before Full Court
- Outcome
- Application for leave to appeal against sentence refused; sentence affirmed
- Legal Topics
- Sentencing, Trespass With Intent to Commit a Sexual Offence, Sexual Assault, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Jamie Devlin
Applicant
The King
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence Before Full Court
Legal Issues
- 1 Whether the sentence imposed for trespass with intent to commit a sexual offence was manifestly excessive or wrong in principle
- 2 Whether it was wrong to impose disparate sentences for counts 1 and 2
- 3 Whether the trial judge penalised the applicant for contesting the case
Ratio Decidendi
The sentence imposed was not manifestly excessive or wrong in principle; the judge was entitled to treat count 1 as the headline offence given the gravity, high culpability, and severe harm; no error in sentencing approach was identified.
Court Disposition
Application for leave to appeal against sentence refused; sentence affirmed
Orders
- Leave to appeal refused
- Application dismissed
Full Case Text
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