Brassil, R v [2014] NICC 8 (28 February 2014)

Brassil, R v [2014] NICC 8 (28 February 2014)

Sentences must reflect the seriousness of dishonesty offences by persons in trust, the sums involved, and the breach of trust, but also take into account personal mitigation, early guilty pleas, and the passage of time. Creegan, as principal offender, received a longer sentence; Brassil's sentence reflected his...

Source-derived case information.

Citation
[2014] NICC 8
Parties
Prosecution: The Queen; Defendant: Peter Brassil; Defendant: Peter Creegan; Defendant: Damien Pius Mallon
Jurisdiction
Northern Ireland
Judgment Date
28 February 2014
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Fraud, Theft, False Accounting, Money Laundering, Dishonesty Offences, Sentencing
Criminal Law Fraud Theft False Accounting Money Laundering Dishonesty Offences Sentencing

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Parties

The Queen

Prosecution

Peter Brassil

Defendant

Peter Creegan

Defendant

Damien Pius Mallon

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for dishonesty offences by persons in positions of trust
  2. 2 Application of sentencing guidelines for fraud and theft involving substantial sums
  3. 3 Consideration of personal mitigation and impact of guilty pleas

Ratio Decidendi

Sentences must reflect the seriousness of dishonesty offences by persons in trust, the sums involved, and the breach of trust, but also take into account personal mitigation, early guilty pleas, and the passage of time. Creegan, as principal offender, received a longer sentence; Brassil's sentence reflected his addiction and lesser culpability; Mallon's lesser involvement warranted a shorter custodial term.

Court Disposition

convicted and sentenced

Orders

  • Peter Creegan: 3 years total (2 years custody, 1 year probation with conditions)
  • Peter Brassil: 2 years total (1 year custody, 1 year probation with conditions)