Vance & Anor, R v [2016] NICC 8 (4 July 2016)

Vance & Anor, R v [2016] NICC 8 (4 July 2016)

The appropriate starting point for the murder tariff was 15 years due to the frenzied and repeated nature of the attack and multiple injuries; increased to 16 years for aggravating factors (attempt to destroy crime scene and removal of body), then reduced to 12 years for mitigating factors including spontaneous offence, lack of premeditation, and significant reduction for timely guilty plea. For Stephanie Todd, special reasons existed for not imposing the usual driving disqualification due to emergency circumstances, but a reduced disqualification of three months was imposed due to her consumption of alcohol while driving.

Citation
[2016] NICC 8
Parties
Prosecution: The Queen; Defendant: Wesley Vance; Defendant: Stephanie Todd
Jurisdiction
Northern Ireland
Judgment Date
04 July 2016
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Wesley Vance sentenced to life imprisonment with a minimum term of 12 years; Stephanie Todd given a conditional discharge for 12 months for obstructing police, absolute discharge and 3-month driving disqualification for driving with excess alcohol.
Legal Topics
Murder, Assisting an Offender, Obstructing Police, Driving With Excess Alcohol, Sentencing, Minimum Term for Life Sentence, Special Reasons for Disqualification
Criminal Law Murder Assisting an Offender Obstructing Police Driving With Excess Alcohol Sentencing Minimum Term for Life Sentence Special Reasons for Disqualification

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Parties

The Queen

Prosecution

Wesley Vance

Defendant

Stephanie Todd

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate minimum term for life sentence for murder under Article 5 of the Life Sentences (Northern Ireland) Order 2001
  2. 2 Whether aggravating or mitigating factors justify departure from starting point for murder tariff
  3. 3 Whether special reasons exist to avoid or reduce mandatory driving disqualification for excess alcohol

Ratio Decidendi

The appropriate starting point for the murder tariff was 15 years due to the frenzied and repeated nature of the attack and multiple injuries; increased to 16 years for aggravating factors (attempt to destroy crime scene and removal of body), then reduced to 12 years for mitigating factors including spontaneous offence, lack of premeditation, and significant reduction for timely guilty plea. For Stephanie Todd, special reasons existed for not imposing the usual driving disqualification due to emergency circumstances, but a reduced disqualification of three months was imposed due to her consumption of alcohol while driving.

Court Disposition

Wesley Vance sentenced to life imprisonment with a minimum term of 12 years; Stephanie Todd given a conditional discharge for 12 months for obstructing police, absolute discharge and 3-month driving disqualification for driving with excess alcohol.

Orders

  • Wesley Vance: life imprisonment, minimum term 12 years (to include time on remand)
  • Stephanie Todd: conditional discharge for 12 months (obstructing police)