R v McParland [2004] NICC 6 (24 May 2004)

R v McParland [2004] NICC 6 (24 May 2004)

The offender's culpability was exceptionally high due to a prolonged, merciless, sadistic assault on a wholly vulnerable victim, warranting the higher starting point for tariff and a minimum of sixteen years including time spent in custody on remand.

Citation
[2004] NICC 6
Parties
Prosecution: The Queen; Defendant: Stephen Henry McParland
Jurisdiction
Northern Ireland
Judgment Date
24 May 2004
Procedural Posture
Criminal / Tariff Setting After Conviction and Sentencing
Outcome
minimum tariff of sixteen years imposed for life sentence
Legal Topics
Murder, Life Sentence, Tariff Determination, Retribution, Deterrence
Criminal Law Murder Life Sentence Tariff Determination Retribution Deterrence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Queen

Prosecution

Stephen Henry McParland

Defendant

Procedural Posture

Criminal / Tariff Setting After Conviction and Sentencing

Legal Issues

  1. 1 What is the appropriate tariff for retribution and deterrence in a life sentence for murder under Article 11 of the Life Sentences (NI) Order 2001?

Ratio Decidendi

The offender's culpability was exceptionally high due to a prolonged, merciless, sadistic assault on a wholly vulnerable victim, warranting the higher starting point for tariff and a minimum of sixteen years including time spent in custody on remand.

Court Disposition

minimum tariff of sixteen years imposed for life sentence

Orders

  • Tariff set at sixteen years, including time spent in custody on remand.