McNally, R. v [2013] NICC 23 (05 December 2013)

McNally, R. v [2013] NICC 23 (05 December 2013)

The defendant's culpability was exceptionally high, the victim was particularly vulnerable, the killing was premeditated and involved the use of a firearm, warranting a minimum tariff of 20 years for murder and 20 years for attempted murder.

Citation
[2013] NICC 23
Parties
Defendant: Phelim McNally; Prosecution: The Crown
Jurisdiction
Northern Ireland
Judgment Date
05 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
convicted
Legal Topics
Murder, Attempted Murder, Sentencing, Tariff, Victim Impact, Firearms
Criminal Law Murder Attempted Murder Sentencing Tariff Victim Impact Firearms

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Parties

Phelim McNally

Defendant

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate minimum tariff for murder
  2. 2 Sentencing for attempted murder
  3. 3 Aggravating and mitigating factors in sentencing

Ratio Decidendi

The defendant's culpability was exceptionally high, the victim was particularly vulnerable, the killing was premeditated and involved the use of a firearm, warranting a minimum tariff of 20 years for murder and 20 years for attempted murder.

Court Disposition

convicted

Orders

  • Mandatory life sentence for murder with a minimum tariff of 20 years before eligibility for parole.
  • 20 years imprisonment for attempted murder.