Phair & Anor, R. v [2023] NICA 18 (16 March 2023)

Phair & Anor, R. v [2023] NICA 18 (16 March 2023)

The trial judge erred in the reduction for Toher's guilty plea and over-sentenced on the drug and perverting the course of justice offences, but the overall sentence was not manifestly excessive due to the seriousness of the manslaughter and related offences. For Phair, the starting point for the driving offences...

Source-derived case information.

Citation
[2023] NICA 18
Parties
Prosecution: The King; Appellant: Nathan Phair; Applicant: Padraig Toher
Jurisdiction
Northern Ireland
Judgment Date
16 March 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part for Toher; appeal dismissed for Phair except for reduction in disqualification period.
Legal Topics
Sentencing, Manslaughter, Dangerous Driving, Drug Offences, Perverting the Course of Justice, Driving Disqualification, Mitigation, Guilty Plea Reduction
Criminal Law Sentencing Manslaughter Dangerous Driving Drug Offences Perverting the Course of Justice Driving Disqualification Mitigation +1 more

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Summary, issues, holding and outcome

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Parties

The King

Prosecution

Nathan Phair

Appellant

Padraig Toher

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Toher and Phair were manifestly excessive
  2. 2 Whether the trial judge erred in the reduction for guilty plea and in sentencing for drug and perverting the course of justice offences
  3. 3 Whether the period of driving disqualification was excessive

Ratio Decidendi

The trial judge erred in the reduction for Toher's guilty plea and over-sentenced on the drug and perverting the course of justice offences, but the overall sentence was not manifestly excessive due to the seriousness of the manslaughter and related offences. For Phair, the starting point for the driving offences was too high, but the total sentence was justified by the combination of driving, drug, and burglary offences, and the disqualification period should be reduced to match Toher's.

Court Disposition

Appeal allowed in part for Toher; appeal dismissed for Phair except for reduction in disqualification period.

Orders

  • Toher's sentence for manslaughter reduced to 11 years; sentences for perverting the course of justice and conspiracy to possess a Class A drug reduced to 18 months each; other sentences and 10-year disqualification unaltered; all custodial sentences to run concurrently.
  • Phair's appeal dismissed except that the period of driving disqualification is reduced to 10 years.