Harvey, R v [2009] NICC 56 (18 September 2009)

Harvey, R v [2009] NICC 56 (18 September 2009)

The minimum term for murder committed during a burglary with exceptional brutality and aggravating factors should be substantially above the starting point; however, the term is reduced to reflect the late guilty plea.

Citation
[2009] NICC 56
Parties
Prosecution: The Queen; Defendant: Robert George Harvey
Jurisdiction
Northern Ireland
Judgment Date
18 September 2009
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
minimum term fixed for life sentence
Legal Topics
Murder, Sentencing, Minimum Term, Burglary, Mitigation, Victim Impact
Criminal Law Murder Sentencing Minimum Term Burglary Mitigation Victim Impact

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Parties

The Queen

Prosecution

Robert George Harvey

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate minimum term for murder committed during burglary
  2. 2 Consideration of aggravating and mitigating factors in sentencing
  3. 3 Credit for guilty plea

Ratio Decidendi

The minimum term for murder committed during a burglary with exceptional brutality and aggravating factors should be substantially above the starting point; however, the term is reduced to reflect the late guilty plea.

Court Disposition

minimum term fixed for life sentence

Orders

  • Defendant must serve a minimum of 23 years' imprisonment before eligibility for parole.