Heaney, R v [2011] NICA 43 (7 September 2011)

Heaney, R v [2011] NICA 43 (7 September 2011)

The minimum tariff should be well in excess of the higher starting point due to aggravating factors, but the element of spontaneity and lack of premeditation justifies reducing the tariff from 22 to 20 years.

Citation
[2011] NICA 43
Parties
Prosecutor: The Queen; Defendant/applicant: Desmond Andrew Heaney
Jurisdiction
Northern Ireland
Judgment Date
07 September 2011
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Minimum Tariff
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Minimum Tariff, Aggravating and Mitigating Factors
Criminal Law Murder Sentencing Minimum Tariff Aggravating and Mitigating Factors

Case Brief

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Parties

The Queen

Prosecutor

Desmond Andrew Heaney

Defendant/applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Minimum Tariff

Legal Issues

  1. 1 Whether the minimum tariff of 22 years for murder was manifestly excessive and wrong in principle
  2. 2 Appropriate application of aggravating and mitigating factors in sentencing

Ratio Decidendi

The minimum tariff should be well in excess of the higher starting point due to aggravating factors, but the element of spontaneity and lack of premeditation justifies reducing the tariff from 22 to 20 years.

Court Disposition

appeal allowed in part

Orders

  • Minimum tariff reduced from 22 years to 20 years.
  • Leave to appeal granted to this extent.