McCrea, R v [2012] NICC 31 (14 September 2012)

McCrea, R v [2012] NICC 31 (14 September 2012)

The defendant poses a significant risk of serious harm due to inability to abstain from alcohol and drugs, and the nature of the unprovoked, premeditated attack. An indeterminate custodial sentence under Article 13 of the 2008 Order is required, with a minimum term of 4½ years.

Citation
[2012] NICC 31
Parties
Prosecution: The Queen; Defendant: Stephen McCrea
Jurisdiction
Northern Ireland
Judgment Date
14 September 2012
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Indeterminate custodial sentence imposed under Article 13 of the Criminal Justice (NI) Order 2008, with a minimum term of 4½ years.
Legal Topics
Malicious Wounding With Intent, Dangerousness Assessment, Sentencing Guidelines, Extended and Indeterminate Custodial Sentences
Criminal Law Malicious Wounding With Intent Dangerousness Assessment Sentencing Guidelines Extended and Indeterminate Custodial Sentences

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Parties

The Queen

Prosecution

Stephen McCrea

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant poses a significant risk of serious harm to the public
  2. 2 Appropriateness of life sentence, extended custodial sentence, or indeterminate custodial sentence
  3. 3 Determination of minimum term for indeterminate custodial sentence

Ratio Decidendi

The defendant poses a significant risk of serious harm due to inability to abstain from alcohol and drugs, and the nature of the unprovoked, premeditated attack. An indeterminate custodial sentence under Article 13 of the 2008 Order is required, with a minimum term of 4½ years.

Court Disposition

Indeterminate custodial sentence imposed under Article 13 of the Criminal Justice (NI) Order 2008, with a minimum term of 4½ years.

Orders

  • Indeterminate custodial sentence under Article 13 of the 2008 Order
  • Minimum term of 4½ years before eligibility for parole