Burns, R v [2015] NICC 6 (29 April 2015)

Burns, R v [2015] NICC 6 (29 April 2015)

The defendant's conduct merited a custodial sentence due to the aggravated breach of trust as a solicitor, but exceptional personal mitigation and lack of personal gain justified suspending the sentence.

Citation
[2015] NICC 6
Parties
Prosecution: The Queen; Defendant: Michael Robin Burns; Co Defendant: Trevor McClintock
Jurisdiction
Northern Ireland
Judgment Date
29 April 2015
Procedural Posture
Criminal / Sentencing
Outcome
convicted; custodial sentence suspended
Legal Topics
Fraud by False Representation, Solicitor's Undertakings, Abuse of Trust, Sentencing
Criminal Law Professional Regulation Fraud by False Representation Solicitor's Undertakings Abuse of Trust Sentencing

Case Brief

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Parties

The Queen

Prosecution

Michael Robin Burns

Defendant

Trevor McClintock

Co Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's conduct as a solicitor in giving false undertakings constitutes aggravated fraud
  2. 2 Appropriate sentence for fraud by false representation committed by a solicitor

Ratio Decidendi

The defendant's conduct merited a custodial sentence due to the aggravated breach of trust as a solicitor, but exceptional personal mitigation and lack of personal gain justified suspending the sentence.

Court Disposition

convicted; custodial sentence suspended

Orders

  • 2 years' imprisonment on each count to run concurrently, suspended for 3 years