McGinley, R v [2018] NICC 7 (11 May 2018)

McGinley, R v [2018] NICC 7 (11 May 2018)

Sentences were determined by applying relevant guideline ranges, weighing aggravating factors (use of weapon, public location, deliberate act) and mitigating factors (lack of premeditation, peripheral involvement, cognitive deficits, youth, good character, trauma, guilty pleas). The factual basis that the pipe-gun was not brought by defendants reduced culpability for manslaughter. Credit for guilty pleas was applied at midway between 25% and 30%.

Citation
[2018] NICC 7
Parties
Prosecution: R; First Defendant: Patrick McGinley; Second Defendant: William McGinley; Third Defendant: Patrick McGinley Jnr; Fourth Defendant: Bernard McGinley
Jurisdiction
Northern Ireland
Judgment Date
11 May 2018
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Manslaughter, Wounding With Intent, Affray, Sentencing Guidelines
Criminal Law Manslaughter Wounding With Intent Affray Sentencing Guidelines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

R

Prosecution

Patrick McGinley

First Defendant

William McGinley

Second Defendant

Patrick McGinley Jnr

Third Defendant

Bernard McGinley

Fourth Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for manslaughter, wounding with intent, and affray
  2. 2 Assessment of aggravating and mitigating factors
  3. 3 Application of sentencing guidelines

Ratio Decidendi

Sentences were determined by applying relevant guideline ranges, weighing aggravating factors (use of weapon, public location, deliberate act) and mitigating factors (lack of premeditation, peripheral involvement, cognitive deficits, youth, good character, trauma, guilty pleas). The factual basis that the pipe-gun was not brought by defendants reduced culpability for manslaughter. Credit for guilty pleas was applied at midway between 25% and 30%.

Court Disposition

conviction and sentencing

Orders

  • Patrick McGinley (first defendant): 8 years' imprisonment for manslaughter (4 years custodial, 4 years licence)
  • William McGinley (second defendant): 7 years 3 months' imprisonment for wounding with intent (3 years 6 months custodial, 3 years 9 months licence)