Whoriskey, R. v [2019] NICC 27 (16 December 219)

Whoriskey, R. v [2019] NICC 27 (16 December 219)

Given the exceptional seriousness of the case, the vulnerability of the victim, the breach of trust, and the aggravating factors, a total sentence of 15 years imprisonment is appropriate, comprising 13 years for manslaughter and 2 years for child cruelty, to run consecutively. The defendant does not meet the threshold for a discretionary life sentence or an extended sentence as a dangerous offender. Ancillary orders are imposed to protect children and the public.

Citation
[2019] NICC 27
Parties
Prosecution: The Crown; Defendant: Liam Whoriskey
Jurisdiction
Northern Ireland
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Child Cruelty, Sentencing, Dangerous Offender Assessment, Victim Impact, Aggravating Factors
Criminal Law Child Protection Manslaughter Child Cruelty Sentencing Dangerous Offender Assessment Victim Impact Aggravating Factors

Case Brief

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Parties

The Crown

Prosecution

Liam Whoriskey

Defendant

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 Appropriate sentence for manslaughter of a child
  2. 2 Assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 Whether sentences should be consecutive

Ratio Decidendi

Given the exceptional seriousness of the case, the vulnerability of the victim, the breach of trust, and the aggravating factors, a total sentence of 15 years imprisonment is appropriate, comprising 13 years for manslaughter and 2 years for child cruelty, to run consecutively. The defendant does not meet the threshold for a discretionary life sentence or an extended sentence as a dangerous offender. Ancillary orders are imposed to protect children and the public.

Court Disposition

convicted and sentenced

Orders

  • 13 years imprisonment for manslaughter
  • 2 years imprisonment for child cruelty, consecutive