Stewart, R v [2009] NICA 4 (9 January 2009)

Stewart, R v [2009] NICA 4 (9 January 2009)

The sentence imposed on Stewart was within the appropriate range for the offences, justified by his active participation, prior convictions, and risk of re-offending; no unfair disparity with co-accused Irwin; no grounds for reduction or alteration of sentence.

Citation
[2009] NICA 4
Parties
Prosecution: The Queen; Appellant/defendant: Alan Stewart
Jurisdiction
Northern Ireland
Judgment Date
09 January 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Grievous Bodily Harm, Wounding With Intent, Assault Occasioning Actual Bodily Harm, Disparity in Sentencing, Custody Probation Order
Criminal Law Sentencing Grievous Bodily Harm Wounding With Intent Assault Occasioning Actual Bodily Harm Disparity in Sentencing Custody Probation Order

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Parties

The Queen

Prosecution

Alan Stewart

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on Alan Stewart was excessive or unfairly disparate compared to co-accused
  2. 2 Appropriateness of the commensurate sentence and protective element under article 20 of the Criminal Justice (Northern Ireland) Order 1996
  3. 3 Whether a longer period of probation should have been imposed

Ratio Decidendi

The sentence imposed on Stewart was within the appropriate range for the offences, justified by his active participation, prior convictions, and risk of re-offending; no unfair disparity with co-accused Irwin; no grounds for reduction or alteration of sentence.

Court Disposition

appeal dismissed

Orders

  • No reduction or alteration of sentence; original sentences stand.