McCartney, R v [2014] NICty 5 (10 April 2014)

McCartney, R v [2014] NICty 5 (10 April 2014)

Kevin McCartney was sentenced to life imprisonment for murder with a minimum tariff of 9 years, reflecting the normal starting point for murder, the aggravating factor of arming himself with a knife, and mitigating factors including lack of premeditation and intent to cause grievous bodily harm rather than kill. Daniel McCartney was sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license), reflecting his role in a joint enterprise to assault, his youth, minor record, and timely guilty plea. Neimontas was sentenced for affray with a suspended sentence, reflecting peripheral involvement.

Citation
[2003] NICC 5
Parties
Accused: Kevin McCartney; Accused: Daniel McCartney; Accused: Deividas Neimontas; Prosecution: The Crown; Victim: David Neill
Jurisdiction
Northern Ireland
Judgment Date
10 April 2014
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Murder, Manslaughter, Affray, Criminal Damage, Sentencing, Joint Enterprise
Criminal Law Murder Manslaughter Affray Criminal Damage Sentencing Joint Enterprise

Case Brief

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Parties

Kevin McCartney

Accused

Daniel McCartney

Accused

Deividas Neimontas

Accused

The Crown

Prosecution

David Neill

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder and manslaughter arising from joint enterprise
  2. 2 Assessment of aggravating and mitigating factors in sentencing
  3. 3 Application of sentencing guidelines for murder and manslaughter

Ratio Decidendi

Kevin McCartney was sentenced to life imprisonment for murder with a minimum tariff of 9 years, reflecting the normal starting point for murder, the aggravating factor of arming himself with a knife, and mitigating factors including lack of premeditation and intent to cause grievous bodily harm rather than kill. Daniel McCartney was sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license), reflecting his role in a joint enterprise to assault, his youth, minor record, and timely guilty plea. Neimontas was sentenced for affray with a suspended sentence, reflecting peripheral involvement.

Court Disposition

conviction and sentencing

Orders

  • Kevin McCartney sentenced to life imprisonment for murder with a 9-year minimum tariff.
  • Daniel McCartney sentenced to 7 years for manslaughter (3.5 years custody, 3.5 years license), with concurrent 6-month sentences for two counts of criminal damage.