McCann, R. v [2024] NICC 1 (10 January 2024)

McCann, R. v [2024] NICC 1 (10 January 2024)

The offences of possession and making of explosive substances were aggravated by terrorist connection, requiring the court to treat this as an aggravating factor under the Counter-Terrorism and Sentencing Act 2021. The defendant's mental health and vulnerability were considered but did not materially reduce culpability. A starting point of four years was set, with a 25% reduction for the guilty plea, resulting in concurrent sentences of three years' custody and one year extended licence for counts 2 and 3, and two and a half years for count 4 (without terrorist connection), all concurrent.

Citation
[2024] NICC 1
Parties
Prosecution: The King; Defendant: Patrick McCann
Jurisdiction
Northern Ireland
Judgment Date
10 January 2024
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Possession of Explosives, Terrorist Connection, Sentencing, Mental Health in Sentencing
Criminal Law Counter Terrorism Possession of Explosives Terrorist Connection Sentencing Mental Health in Sentencing

Case Brief

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Parties

The King

Prosecution

Patrick McCann

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for possession and making of explosive substances with terrorist connection
  2. 2 Impact of mental health and vulnerability on sentencing
  3. 3 Application of Counter-Terrorism and Sentencing Act 2021 and Criminal Justice (NI) Order 2008

Ratio Decidendi

The offences of possession and making of explosive substances were aggravated by terrorist connection, requiring the court to treat this as an aggravating factor under the Counter-Terrorism and Sentencing Act 2021. The defendant's mental health and vulnerability were considered but did not materially reduce culpability. A starting point of four years was set, with a 25% reduction for the guilty plea, resulting in concurrent sentences of three years' custody and one year extended licence for counts 2 and 3, and two and a half years for count 4 (without terrorist connection), all concurrent.

Court Disposition

convicted and sentenced

Orders

  • Three years' custody with one year extended licence for counts 2 and 3 (concurrent)
  • Two and a half years' determinate custodial sentence for count 4 (concurrent)