Magee, R. v [2006] NICC 36 (09 March 2006)

Magee, R. v [2006] NICC 36 (09 March 2006)

A custodial sentence of 9 years with 3 years probation is appropriate due to the defendant's initiation of violence, use of a knife, aggravating criminal record, and mitigating factors including guilty plea, remorse, difficult upbringing, and consent to probation.

Citation
[2006] NICC 36
Parties
Prosecution: The Queen; Defendant: Stephen David Anthony Magee
Jurisdiction
Northern Ireland
Judgment Date
09 March 2006
Procedural Posture
Criminal / Sentencing
Outcome
convicted of manslaughter, sentenced to 9 years custody with 3 years probation
Legal Topics
Manslaughter, Sentencing, Custody Probation, Aggravating and Mitigating Factors
Criminal Law Manslaughter Sentencing Custody Probation Aggravating and Mitigating Factors

Case Brief

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Parties

The Queen

Prosecution

Stephen David Anthony Magee

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for manslaughter
  2. 2 consideration of aggravating and mitigating factors
  3. 3 acceptance of plea to manslaughter

Ratio Decidendi

A custodial sentence of 9 years with 3 years probation is appropriate due to the defendant's initiation of violence, use of a knife, aggravating criminal record, and mitigating factors including guilty plea, remorse, difficult upbringing, and consent to probation.

Court Disposition

convicted of manslaughter, sentenced to 9 years custody with 3 years probation

Orders

  • Custody Probation Order for 3 years post-custody
  • Participation in Violence Programme of Probation Board for Northern Ireland