Graham, R v [2003] NICA 31 (12 September 2003)

Graham, R v [2003] NICA 31 (12 September 2003)

The applicant's conduct in failing to check the safety catch and pulling the trigger, contrary to all training and in a built-up area, constituted gross negligence requiring a custodial sentence. The sentence of two years' imprisonment was within the proper range and not manifestly excessive.

Citation
[2003] NICA 31
Parties
Prosecution: The Queen; Applicant: William David George Graham
Jurisdiction
Northern Ireland
Judgment Date
12 September 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence dismissed
Legal Topics
Manslaughter, Gross Negligence, Sentencing, Firearms Offences, Military Law
Criminal Law Manslaughter Gross Negligence Sentencing Firearms Offences Military Law

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Parties

The Queen

Prosecution

William David George Graham

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of two years' imprisonment for gross negligence manslaughter was manifestly excessive
  2. 2 Whether the applicant's culpability was at the lower end of the scale warranting a suspended sentence

Ratio Decidendi

The applicant's conduct in failing to check the safety catch and pulling the trigger, contrary to all training and in a built-up area, constituted gross negligence requiring a custodial sentence. The sentence of two years' imprisonment was within the proper range and not manifestly excessive.

Court Disposition

application for leave to appeal against sentence dismissed