Frane & Anor, R v [2014] NICC 3 (4 February 2014)

Frane & Anor, R v [2014] NICC 3 (4 February 2014)

Given Frane's high risk of serious harm, extensive criminal record, failure to respond to previous sentences, and the gravity of the offence, an indeterminate custodial sentence with a minimum term of 6 years is necessary for public protection. Clarence, not assessed as dangerous, receives a determinate custodial sentence of 3.5 years.

Citation
[2014] NICC 3
Parties
Defendant: Shane Christopher Frane; Defendant: Conor Clarence; Prosecution: R
Jurisdiction
Northern Ireland
Judgment Date
04 February 2014
Procedural Posture
Criminal / Sentencing Judgment After Guilty Plea
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Dangerous Driving, Burglary, Criminal Damage, Aggravated Vehicle Taking, Sentencing, Dangerous Offender, Public Protection
Criminal Law Manslaughter Dangerous Driving Burglary Criminal Damage Aggravated Vehicle Taking Sentencing Dangerous Offender +1 more

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Parties

Shane Christopher Frane

Defendant

Conor Clarence

Defendant

R

Prosecution

Procedural Posture

Criminal / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for manslaughter arising from dangerous driving while under the influence of drink and drugs
  2. 2 Assessment of dangerousness under Article 15 of the Criminal Justice (Northern Ireland) Order 2008
  3. 3 Whether an extended custodial sentence or an indeterminate custodial sentence is appropriate for public protection

Ratio Decidendi

Given Frane's high risk of serious harm, extensive criminal record, failure to respond to previous sentences, and the gravity of the offence, an indeterminate custodial sentence with a minimum term of 6 years is necessary for public protection. Clarence, not assessed as dangerous, receives a determinate custodial sentence of 3.5 years.

Court Disposition

convicted and sentenced

Orders

  • Shane Christopher Frane: Indeterminate custodial sentence for manslaughter with minimum term of 6 years; concurrent sentences for burglary (2 years), criminal damage (12 months), causing death or grievous bodily injury by driving uninsured (18 months), causing death or grievous bodily injury by driving unlicensed...
  • Conor Clarence: Determinate custodial sentence of 3.5 years for aggravated vehicle taking, burglary (2 years), criminal damage (12 months), all concurrent; half sentence in custody, half on licence; recommended licence conditions including residence, ban on alcohol/drugs, addiction treatment, psychological...