Boal, R v [2003] NICA 50 (05 December 2003)

Boal, R v [2003] NICA 50 (05 December 2003)

The proper level for an equivalent custodial sentence, considering all mitigating and aggravating factors and applying the guidelines in Cooksley, should be three years rather than four and a half years; a custody probation order is appropriate.

Citation
[2003] NICA 50
Parties
Prosecution: The Queen; Appellant: Michael Hugh Boal
Jurisdiction
Northern Ireland
Judgment Date
05 December 2003
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Dangerous Driving Causing Death, Sentencing Guidelines, Custody Probation Order
Criminal Law Dangerous Driving Causing Death Sentencing Guidelines Custody Probation Order

Case Brief

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Parties

The Queen

Prosecution

Michael Hugh Boal

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentencing for dangerous driving causing death
  2. 2 Application of sentencing guidelines in cases involving young and inexperienced drivers
  3. 3 Consideration of mitigating and aggravating factors in sentencing

Ratio Decidendi

The proper level for an equivalent custodial sentence, considering all mitigating and aggravating factors and applying the guidelines in Cooksley, should be three years rather than four and a half years; a custody probation order is appropriate.

Court Disposition

appeal allowed

Orders

  • Custody probation order substituted: two years' custody followed by one year's probation supervision