Sikorskas, R v [2018] NICC 13 (27 September 2018)

Sikorskas, R v [2018] NICC 13 (27 September 2018)

First defendant is a dangerous offender under Article 13 of the 2008 Order due to sustained, significant violence, criminal record, and lack of insight. Extended custodial sentence is adequate for public protection. Sentences for manslaughter, GBH, and firearms offences determined by guideline ranges, aggravating and mitigating factors, and totality principle. Second and third defendants' withholding information did not materially prejudice investigation; suspended sentences appropriate given cooperation, delay, and personal circumstances.

Citation
[2018] NICC 13
Parties
Prosecution: R; First Defendant: Darius Sikorskas; Second Defendant: Dmitrijus Indrisiunas; Third Defendant: Marius Dzimisevicius
Jurisdiction
Northern Ireland
Judgment Date
27 September 2018
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentencing
Legal Topics
Manslaughter, Grievous Bodily Harm, Firearms Offences, Withholding Information, Dangerousness Assessment, Sentencing Guidelines, Extended Custodial Sentence
Criminal Law Manslaughter Grievous Bodily Harm Firearms Offences Withholding Information Dangerousness Assessment Sentencing Guidelines Extended Custodial Sentence

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Parties

R

Prosecution

Darius Sikorskas

First Defendant

Dmitrijus Indrisiunas

Second Defendant

Marius Dzimisevicius

Third Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for manslaughter, grievous bodily harm with intent, possession of firearm with intent to cause fear of violence, and withholding information
  2. 2 Assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 Application of sentencing guidelines for manslaughter, GBH, firearms offences, and withholding information

Ratio Decidendi

First defendant is a dangerous offender under Article 13 of the 2008 Order due to sustained, significant violence, criminal record, and lack of insight. Extended custodial sentence is adequate for public protection. Sentences for manslaughter, GBH, and firearms offences determined by guideline ranges, aggravating and mitigating factors, and totality principle. Second and third defendants' withholding information did not materially prejudice investigation; suspended sentences appropriate given cooperation, delay, and personal circumstances.

Court Disposition

conviction and sentencing

Orders

  • First defendant: extended custodial sentence of 11 years imprisonment for GBH with intent (including concurrent sentences for manslaughter and firearms offences), extended licence period of 4 years; manslaughter sentence of 5 years 4 months imprisonment with 4 years extended licence, concurrent; firearms offence...
  • Second defendant: 12 months imprisonment for withholding information, suspended for 2 years.