Morgan & Ors, R. v (Sentencing Remarks) [2020] NICC 14 (13 November 2020)

Morgan & Ors, R. v (Sentencing Remarks) [2020] NICC 14 (13 November 2020)

Given the seriousness and persistence of the offending, the leading role of Blair, his previous convictions, and ongoing commitment to terrorism, an indeterminate custodial sentence with a minimum term of five years is necessary for public protection. Mitigation for bail conditions, delay, and Covid-19 is appropriate but limited. For Morgan, limited involvement and vintage antecedents justify a lesser sentence, but custody is still required.

Citation
[2020] NICC 14
Parties
Prosecution: The Queen; Defendant: Patrick Joseph Blair; Defendant: Seamus Morgan; Defendant: Joseph Matthew Lynch; Defendant: Liam Hannaway; Defendant: John Sheehy; Defendant: Kevin John Paul Heaney; Defendant: Terence Marks
Jurisdiction
Northern Ireland
Judgment Date
13 November 2020
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Sentencing, Conspiracy, Membership of Proscribed Organisation, Preparation of Terrorist Acts, Weapons Training, Dangerousness Assessment, Mitigation, Bail Conditions, Delay in Prosecution
Criminal Law Counter Terrorism Sentencing Conspiracy Membership of Proscribed Organisation Preparation of Terrorist Acts Weapons Training Dangerousness Assessment +3 more

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Parties

The Queen

Prosecution

Patrick Joseph Blair

Defendant

Seamus Morgan

Defendant

Joseph Matthew Lynch

Defendant

Liam Hannaway

Defendant

John Sheehy

Defendant

Kevin John Paul Heaney

Defendant

Terence Marks

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple terrorism-related offences
  2. 2 Assessment of dangerousness under Criminal Justice (Northern Ireland) Order 2008
  3. 3 Mitigating impact of bail conditions, delay, and Covid-19 on sentence

Ratio Decidendi

Given the seriousness and persistence of the offending, the leading role of Blair, his previous convictions, and ongoing commitment to terrorism, an indeterminate custodial sentence with a minimum term of five years is necessary for public protection. Mitigation for bail conditions, delay, and Covid-19 is appropriate but limited. For Morgan, limited involvement and vintage antecedents justify a lesser sentence, but custody is still required.

Court Disposition

conviction and sentence

Orders

  • Patrick Joseph Blair: Indeterminate custodial sentence with minimum term of five years for counts 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16; five years' imprisonment for counts 1, 14, 15 (with two years six months custody and two years six months on licence); all sentences concurrent; credit for 320 days in custody;...
  • Seamus Morgan: Sentence not fully specified in provided text, but custody required; modest adjustment for bail and Covid-19.