Queen v Martin Nelson
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2020] NICA 7 |
| Date | 24 January 2020 |
| Court | Court of Appeal (Northern Ireland) |
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Neutral Citation No: [2020] NICA 7
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11158
Delivered: 24 /01/2020
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
MARTIN NELSON
________
Before: McCloskey LJ, O’Hara J and Huddleston J
________
McCloskey LJ (delivering the judgment of the court)
Preface
[1] Lisa Gow (“the deceased”), the mother of two young children, was walking in
a citywards direction in the area of a parking layby to the side of the Ballysillan
Road, Belfast on the morning of 19 April 2018 when she was killed instantly upon
being struck twice in quick succession by a stolen vehicle driven by Martin Nelson
(“the offender”) proceeding countrywards. For this offence and a series of five
related offences the offender, having pleaded guilty, was punished by an extended
custodial sentence comprising 11 years’ imprisonment and an additional period of
three years.
[2] Leave to appeal against sentence having been refused by the single judge
(Colton J), the offender renewed his application before the full court. At the
conclusion of the hearing on 17 January 2020 the court pronounced its decision,
which was to refuse leave to appeal, with its detailed reasons to follow. These are set
forth herein.
Factual Matrix
[3] On the morning of 16th April 2018 a burglary was carried out at a private
house in north Belfast. Jewellery including watches (valued at £2000 plus), £400 cash
and the spare keys of a parked vehicle were stolen. The vehicle was driven away
some couple of days later. There was iPhone evidence of the offender offering
watches for sale on 17 April 2018.
[4] On 19th April 2018 at about 1017 hours police became aware that the stolen
vehicle was being driven on the Crumlin Road. The offender was the driver. Both
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aerial and ground resources were deployed. The vehicle’s movements were
captured from the police aerial platform from 1045 hours over a distance of about 8.8
miles and a time of about 9 minutes. The offender drove at an average speed of
117mph on the M2/M5 and at speeds between 60-72 mph on Shore Road, Whitewell
Road, Antrim Road, North Circular Road and Ballysillan Road. He was observed
travelling through red lights on three occasions and caused other road users to take
evasive actions on occasions. He drove on the wrong side of the road and crossed
hatched lines on numerous occasions. On the final approach to the scene of the
fatality he was travelling at about 50 mph and at about 34 mph when he collided
with the pedestrian. The immediate impetus for the fatal collision was an impact
between the vehicle driven by the offender and a van which was performing a
legitimate right turning manoeuvre with its offside indicators illuminated. The
offender attempted a high speed overtaking manoeuvre, crossing the central hazard
warning line. His vehicle collided with the front offside of the van. Loss of control
followed resulting in two impacts with the deceased in quick succession. The lady
died instantly.
[5] As described in the statement of the forensic scientist, which was based upon
inter alia, a police helicopter video footage and dashcam footage:
“The Audi ….. continued further along the North Circular
bound side of the road (its “wrong” side) overtaking a light
coloured car and then attempting to overtake an orange Iveco
van (which) turned right across the path of the Audi and the
nearside of the Audi impacted the front offside of the van ….
The Audi rotated in an anticlockwise direction as a result …
and moved further onto the North Circular Road bound side of
the road …
There was a pedestrian walking along the parking bay to the
nearside of the North Circular Road bound side of the road …
The rear offside of the Audi impacted the pedestrian and
projected her in the Crumlin Road direction and she impacted a
wall. The Audi continued to rotate and the rear of the car also
impacted the wall with the pedestrian positioned between the
rear of the car and the wall when this impact occurred, such that
the car impacted the pedestrian twice during the collision
sequence…
The Audi then rebounded from the wall, coming to rest ….”
The Audi had been travelling at an average speed of approximately 51 mph along
the relevant stretch of the road reducing to 34 mph immediately prior to the
vehicular collision.
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3 cases
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R v Stephen Coleman
...well establishing sentencing principle that sentencing is an art not a science. As the Court of Appeal has recently said in R –v- Nelson [2020] NICA 7 “within this principle lies the discretion, or margin of appreciation, to be accorded to sentencing judges.” [35] As for the working out of ......
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R v Coleman
...well establishing sentencing principle that sentencing is an art not a science. As the Court of Appeal has recently said in R –v- Nelson [2020] NICA 7 “within this principle lies the discretion, or margin of appreciation, to be accorded to sentencing judges.” [35] As for the working out of ......
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Queen v Andrew Ian Vance
...referred to in R v EB [2010] NICA 40, R v Cambridge [2015] NICA 4 and R v Brownlee [2015] NICA 58. [28] It is also clear from R v Nelson [2020] NICA 7 that the assessment of dangerousness is not an arithmetical or scientific exercise but involves an evaluation by the sentencing judge of all......