Smith, R v [2008] NICC 34 (30 October 2008)

Smith, R v [2008] NICC 34 (30 October 2008)

The minimum term for life imprisonment in this murder case is set at 12 years, reflecting a lower starting point due to provocation, increased for aggravating factors (deliberate arming, stabbing twice, grave impact on family), and reduced for mitigating factors (guilty plea, remorse).

Citation
[2008] NICC 34
Parties
Prosecution: The Queen; Defendant: Michael Jason Smith
Jurisdiction
Northern Ireland
Judgment Date
30 October 2008
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Murder, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors
Criminal Law Murder Sentencing Minimum Term Aggravating Factors Mitigating Factors

Case Brief

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Parties

The Queen

Prosecution

Michael Jason Smith

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Determination of minimum term for life sentence in murder conviction
  2. 2 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The minimum term for life imprisonment in this murder case is set at 12 years, reflecting a lower starting point due to provocation, increased for aggravating factors (deliberate arming, stabbing twice, grave impact on family), and reduced for mitigating factors (guilty plea, remorse).

Court Disposition

conviction and sentence

Orders

  • Defendant sentenced to life imprisonment.
  • Defendant to serve minimum term of twelve years before eligibility for release.