McCartney, R v [2014] NICty 5 (10 April 2014)

McCartney, R v [2014] NICty 5 (10 April 2014)

Kevin McCartney was sentenced to life imprisonment for murder with a minimum tariff of 9 years due to arming himself with a knife and participating in a spontaneous but fatal stabbing, with credit for a guilty plea and absence of premeditation. Daniel McCartney was sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license) for joint enterprise to assault, wielding a metal bar, and striking another, with credit for a timely guilty plea and lesser culpability. Neimontas' peripheral involvement resulted in a suspended sentence for affray.

Citation
[2014] NICty 5
Parties
Defendant: Kevin McCartney; Defendant: Daniel McCartney; Defendant: Deividas Neimontas; Prosecution: The Crown
Jurisdiction
Northern Ireland
Judgment Date
10 April 2014
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Murder, Manslaughter, Affray, Criminal Damage, Sentencing
Criminal Law Murder Manslaughter Affray Criminal Damage Sentencing

Case Brief

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Parties

Kevin McCartney

Defendant

Daniel McCartney

Defendant

Deividas Neimontas

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentences for murder, manslaughter, affray, and criminal damage
  2. 2 Assessment of aggravating and mitigating factors in sentencing
  3. 3 Application of sentencing guidelines for murder and manslaughter

Ratio Decidendi

Kevin McCartney was sentenced to life imprisonment for murder with a minimum tariff of 9 years due to arming himself with a knife and participating in a spontaneous but fatal stabbing, with credit for a guilty plea and absence of premeditation. Daniel McCartney was sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license) for joint enterprise to assault, wielding a metal bar, and striking another, with credit for a timely guilty plea and lesser culpability. Neimontas' peripheral involvement resulted in a suspended sentence for affray.

Court Disposition

conviction and sentencing

Orders

  • Kevin McCartney sentenced to life imprisonment for murder with a minimum tariff of 9 years.
  • Daniel McCartney sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license), with concurrent 6 month sentences for two counts of criminal damage.