McCullough & Anor, R. v [2006] NICC 17 (03 July 2006)

Sentences for manslaughter must reflect the degree of violence, individual culpability, criminal history, and credit for guilty pleas, with distinctions made between co-defendants based on these factors.

Citation: [2006] NICC 17
Parties: Prosecution: The Queen; Defendant: McCullough; Defendant: Bratney
Jurisdiction: Northern Ireland
Judgment Date: 03 July 2006
Procedural Posture: Criminal / Sentencing After Guilty Plea to Manslaughter
Outcome: convicted and sentenced
Legal Topics: Manslaughter, Sentencing, Alcohol Related Offences

Criminal Law Manslaughter Sentencing Alcohol Related Offences

Case Brief

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Parties

The Queen

Prosecution

McCullough

Defendant

Bratney

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea to Manslaughter

Legal Issues

1 Appropriate sentence for manslaughter in circumstances involving alcohol and group violence
2 Distinction in sentencing based on individual roles and criminal records

Ratio Decidendi

Court Disposition

convicted and sentenced

Orders

McBratney sentenced to eight years imprisonment.
McCullough sentenced to seven years imprisonment, or if he consents, six years imprisonment followed by 12 months probation supervision with conditions for alcohol counselling and residence in a probation approved hostel.