Doherty (Joanne) Sentencing
| Jurisdiction | Northern Ireland |
| Judge | District Judge (MC) McNally |
| Judgment Date | 12 November 2014 |
| Neutral Citation | [2014] NIMag 3 |
| Date | 12 November 2014 |
| Year | 2014 |
| Court | Magistrates' Court (Northern Ireland) |
Neutral Citation No. [2014] NIMag 3
Ref:
Judgment: approved by the Court for handing down
Delivered:
12/11/2014
(subject to editorial corrections)*
IN THE PETTY SESSIONS DISTRICT OF LIMAVADY
THE DIRECTOR OF PUBLIC PROSECUTIONS FOR NORTHERN IRELAND
-v-
JOANNE DOHERTY
District Judge (Magistrates’ Courts) McNally
1. The Defendant Joanne Doherty has entered a plea of guilty to wilfully
neglecting a patient, namely Eileen Bruce, who was for the time being receiving
treatment for mental disorder as an in patient at a nursing home where the
Defendant was employed contrary to Art 121(1) of the Mental Health (NI) Order
1986.
2. There are no sentencing guidelines in this jurisdiction, or in England & Wales
for this particular offence. Accordingly I think it important for the benefit of the
Defendant and the family of Mrs Bruce to set out the basic principles which a court
considers in sentencing a Defendant for a particular offence.
3. The primary factor in considering sentence is the seriousness of the offence
committed; that is determined by assessing the culpability of the offender and the
harm caused, intended or reasonably foreseeable. A community sentence can be
imposed only if the court considers that the offence is serious enough to justify it and
a custodial sentence can be imposed only if the court considers that a community
sentence or a fine alone cannot be justified in view of the seriousness of the offence.
The court will take into account any aggravating or mitigating circumstances.
4. In order to assess properly the seriousness of an offence, the precise nature of
the offence must be established before consideration is given to a range of contingent
factors, including the Defendant’s intent, the length of time over which the neglect
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