Curran, R v [2013] NICA 1 (11 January 2013)

Curran, R v [2013] NICA 1 (11 January 2013)

The total sentences imposed on the appellant, when aggregated, were manifestly excessive in light of the totality principle. A just and proportionate sentence for the offences, considering all circumstances and previous sentences, would be lower than the aggregate imposed. The appeal is allowed to the extent that the sentences on the first four counts are reduced from 3 years to 2 years imprisonment each, with the sentence on the fifth count remaining consecutive.

Citation
[2013] NICA 1
Parties
Prosecution: The Queen; Appellant/defendant: Daniel Curran
Jurisdiction
Northern Ireland
Judgment Date
11 January 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Historic Sexual Offences, Totality Principle, Indecent Assault
Criminal Law Sentencing Historic Sexual Offences Totality Principle Indecent Assault

Case Brief

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Parties

The Queen

Prosecution

Daniel Curran

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle given the appellant's history of similar offences and previous sentences.
  2. 2 Whether the totality principle was properly applied in sentencing for historic sexual offences.

Ratio Decidendi

The total sentences imposed on the appellant, when aggregated, were manifestly excessive in light of the totality principle. A just and proportionate sentence for the offences, considering all circumstances and previous sentences, would be lower than the aggregate imposed. The appeal is allowed to the extent that the sentences on the first four counts are reduced from 3 years to 2 years imprisonment each, with the sentence on the fifth count remaining consecutive.

Court Disposition

appeal allowed in part

Orders

  • Sentences on counts 1-4 reduced from 3 years to 2 years imprisonment each.
  • Sentence on count 5 (1 year consecutive) remains.