Cowan, R. v [2019] NICC 2 (01 February 2019)

Cowan, R. v [2019] NICC 2 (01 February 2019)

The minimum term for Cowan's life sentence is set at 10 years, reduced from 13 years to reflect his guilty plea, after considering the starting point for a murder arising from a quarrel, aggravating factors (arming with a knife, consumption of alcohol and drugs, impact on victim's family), and mitigating factors...

Source-derived case information.

Citation
[2019] NICC 2
Parties
Prosecution: The Queen; Defendant: Kenneth Cowan
Jurisdiction
Northern Ireland
Judgment Date
01 February 2019
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
minimum term of 10 years imprisonment before eligibility for parole; life sentence imposed
Legal Topics
Murder, Sentencing, Minimum Term, Life Imprisonment
Criminal Law Murder Sentencing Minimum Term Life Imprisonment

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Parties

The Queen

Prosecution

Kenneth Cowan

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Determination of minimum term for life sentence following conviction for murder

Ratio Decidendi

The minimum term for Cowan's life sentence is set at 10 years, reduced from 13 years to reflect his guilty plea, after considering the starting point for a murder arising from a quarrel, aggravating factors (arming with a knife, consumption of alcohol and drugs, impact on victim's family), and mitigating factors (limited criminal record, spontaneity, lack of intent to kill, remorse, early acceptance of guilt).

Court Disposition

minimum term of 10 years imprisonment before eligibility for parole; life sentence imposed

Orders

  • Kenneth Cowan to serve a minimum term of 10 years imprisonment before being considered for release by the Parole Commissioners, less any period spent on remand.
  • Cowan to be included on the barred list relating to adults by the Independent Barring Board under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.