Black, R v [2011] NICC 40 (8 December 2011)

Black, R v [2011] NICC 40 (8 December 2011)

Given the exceptionally high culpability, vulnerability of the victim, aggravating factors including concealment and sexual predation, and absence of mitigation, a minimum term of 25 years is appropriate for retribution and deterrence, but a whole life tariff is not imposed.

Citation
[2011] NICC 40
Parties
Prosecution: The Queen; Defendant: Robert Black
Jurisdiction
Northern Ireland
Judgment Date
08 December 2011
Procedural Posture
Criminal / Sentencing After Conviction
Outcome
Convicted; sentenced to life imprisonment for murder with a minimum term of 25 years; discretionary life sentence for kidnapping.
Legal Topics
Murder, Kidnapping, Sentencing, Minimum Term, Life Imprisonment
Criminal Law Murder Kidnapping Sentencing Minimum Term Life Imprisonment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Prosecution

Robert Black

Defendant

Procedural Posture

Criminal / Sentencing After Conviction

Legal Issues

  1. 1 Determination of minimum term for life sentence for murder
  2. 2 Appropriateness of whole life tariff
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

Given the exceptionally high culpability, vulnerability of the victim, aggravating factors including concealment and sexual predation, and absence of mitigation, a minimum term of 25 years is appropriate for retribution and deterrence, but a whole life tariff is not imposed.

Court Disposition

Convicted; sentenced to life imprisonment for murder with a minimum term of 25 years; discretionary life sentence for kidnapping.

Orders

  • Minimum term of 25 years imprisonment for murder, commencing 27 October 2011.
  • Discretionary life sentence for kidnapping.