Queen v Clarke (Michael Patrick) and McStravick (Stephen Paul) - Sentencing judgment
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 04 June 2010 |
| Neutral Citation | [2010] NICC 21 |
| Court | Crown Court (Northern Ireland) |
| Date | 04 June 2010 |
| Year | 2010 |
1
Neutral Citation No. [2010] NICC 21 Ref:
McCL7876
Judgment: approved by the Court for handing down Delivered:
04 / 06 / 10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
BELFAST CROWN COURT
________
THE QUEEN –v- MICHAEL PATRICK CLARKE
and STEPHEN PAUL McSTRAVICK
________
SENTENCING JUDGMENT
________
McCLOSKEY J
I General
[1] By the judgment of this court delivered on 19th March 2010,1 the first
Defendant, Mr. Clarke was convicted of the first count on the indictment, robbery,
while the second Defendant, Mr. McStravick, was convicted of the fifth and sixth
counts, false imprisonment, all committed on 28th May 2008. The Defendants must
now be sentenced accordingly.
[2] As noted in the main judgment,2 both Defendants were prosecuted as
secondary parties and not principals. The projection of the prosecution case was
that the leading gang members had escaped detection to date and, in consequence,
were not before the court.3 This prompted an earlier observation by the court that
the secondary roles of the Defendants would, foreseeably, be ventilated at this stage
of the proceedings and could sound on the court’s evaluation of culpability,
retribution and deterrence.4 In the event, this became the centrepiece of the
submissions advanced by counsel for both Defendants. These submissions were not
contested by the prosecution which, during this phase of the proceedings, confined
itself to highlighting the victim impact statement.
1 See [2010] NICC 13
2 See paragraphs [3] and [43]
3 See paragraph [90]
4 See paragraph [90]
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