Manslaughter

  
Attorney General's Reference (No.2 of 1992) [1993] 3 NIJB 30
Hutton LCJ, MacDermott LJ and Murray LJ
Sentencing - sentence of 5 years - whether unduly lenient.
R v. Murray (16/07/93)
Hutton LCJ, Murray LJ and Kelly LJ
Manslaughter - stabbing - provocation - whether sentence of 10 years excessive - gravity of offence against mitigating factors.
R v. Currie (16/12/94)
Campbell J and Hutton LCJ
Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.
R v. Kane and Hagan (24/03/95)
MacDermott LJ and Campbell J
Manslaughter - organised sectarian street fight - joint enterprise.
R v. Balmer (23/02/96)
Carswell LJ, Hutton LCJ & McCollum J
Appeal against conviction and sentence - gross negligence - shooting occurred while drunk - criminal evidence - exclusion of expert evidence of alleged mental illness - admissibility of expert opinion on the ultimate issue of gross negligence - whether "monstrously careless" equates to "gross negligence" - whether sentence manifestly excessive.
R v. Pollock [2005] NICA 43
Kerr LCJ and Sheil LJ
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed
R v. Donnell [2006] NICA 8
Kerr LCJ and Sheil LJ
Manslaughter - GBH with intent - drunkenness and mitigation
R v. (Ryan) Quinn [2006] NICA 27
Kerr LCJ and Nicholson LJ
Death resulting from single unprovoked blow.  Need for deterrent sentences.  Starting point should be higher in NI than in England.  Starting point of 2 years, rising to 6 depending on aggravating circumstances.
R v. Magee [2007] NICA 21
Kerr LCJ and Girvan LJ
Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed
R v. Harwood [2007] NICA 49
Higgin LJ and Coghlin J
Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea
R v. Rush [2008] NICA 43
Girvan LJ and Coghlin LJ
Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.
R v. McMillan [2008] NICC 40
Hart J
First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.
R v. Eamonn Coyle [2010] NICA 48
Morgan LCJ, Higgins LJ and Girvan LJ
Offender pleaded guilty to manslaughter at commencement of retrial for murder (of his grandfather) - aged 16 at the time - went to grandfather's home to get money - grabbed grandfather by neck probably causing death - offender armed with knife - two puncture wounds on deceased's neck.
R v Crolly [2011] NICA 58
Higgins LJ,  Girvan LJ and Coghlin LJ
Guidance on the correct approach to sentencing for manslaughter on the basis of diminished responsibility