Berry, R v [2013] NICA 9 (27 February 2013)

Berry, R v [2013] NICA 9 (27 February 2013)

There were no circumstances justifying the exceptional course of suspending the sentence of imprisonment; the sentence was unduly lenient and the imposition of a heavy fine was wrong in principle.

Citation
[2013] NICA 9
Parties
Prosecution: The Queen; Defendant: Michael Berry
Jurisdiction
Northern Ireland
Judgment Date
27 February 2013
Procedural Posture
Criminal Appeal / Sentence Reference
Outcome
sentence varied
Legal Topics
Dangerous Driving, Sentencing, Suspended Sentence, Fine, Disqualification From Driving
Criminal Law Road Traffic Law Dangerous Driving Sentencing Suspended Sentence Fine Disqualification From Driving

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Queen

Prosecution

Michael Berry

Defendant

Procedural Posture

Criminal Appeal / Sentence Reference

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether exceptional circumstances justified suspension of imprisonment
  3. 3 Whether imposition of a heavy fine was correct in principle

Ratio Decidendi

There were no circumstances justifying the exceptional course of suspending the sentence of imprisonment; the sentence was unduly lenient and the imposition of a heavy fine was wrong in principle.

Court Disposition

sentence varied

Orders

  • Imprisonment for 12 months substituted for suspended sentence and fine
  • Disqualification from driving for 5 years remains