Queen v Daniel McArdle
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NICA 29 |
| Date | 23 May 2008 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation no. [2008] NICA 29 Ref:
KER7170
Judgment: approved by the Court for handing down Delivered:
23/5/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
THE QUEEN
v
DANIEL McARDLE
____________
Before Kerr LCJ and Campbell LJ
____________
KERR LCJ
Introduction
[1] Leave having been granted by the single judge, this is an appeal from a
sentence imposed on the appellant on 8 June 2007 at Craigavon Crown Court
by His Honour Judge Markey QC on the charge of causing grievous bodily
harm with intent to do grievous bodily harm, contrary to section 18 of the
Offences Against the Person Act 1861. The sentence passed by the learned
judge comprised a custody probation order consisting of detention for 13
years and, on release from custody, probation of 1 year.
Factual Background
[2] On Friday 16 September 2005 at around 11pm, as Liam Sumner was
returning to his home in Thornhill Crescent, Lisburn he met the appellant
whom he knew through his girlfriend’s brother. The appellant said that he
would accompany Mr Sumner to his home and then walk on to get cigarettes.
When they arrived at Mr Sumner’s home, however, Mr McArdle asked if he
might come in to get a drink. Mr Sumner allowed him to come into the flat
and the appellant went to the kitchen, ostensibly to get water. It transpired,
however, that while there he took and secreted on his person a large kitchen
knife. On his return to the living room he appeared to be friendly, and indeed
this had been his demeanour on the way to the flat.
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17 cases
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R v Haggarty (Gary)
...[100] In particular I have considered the cases of DPP Refs: 2 and 3 of 2010 (see Wood and Others) [2010] NICA 36; R v McArdle [2008] NICA 29; R v Mongan [2015] NICA 65 and R v Darryl Proctor [2009] NICA 15. 21 [101] The defendant has pleaded guilty to a range of offences related to directi......
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Queen v Ryan Leslie
...bodily harm with intent [31] The maximum sentence in respect of the offence under section 18 is life. However in R v Daniel McArdle [2008] NICA 29 at 28, the Court of Appeal concluded:- “that for offences of wounding with intent to cause grievous bodily harm, the sentencing range should be ......
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R v Fegan (Darren)
...2 and 3 of 2010 (McAuley and Seaward) [2010] NICA 36 which drew on the earlier decisions of R v Magee [2007] NICA 21 and R v McArdle [2008] NICA 29. He decided that the appellant’s culpability was very high and the harm caused to the victim was very high. It was noted that there were no mit......
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R v Darius Sikorskas, Dmitrijus Indrisiunas and Marius Dzimisevicius
...As a consequence of the offences he lives in constant fear, cannot relax and has even tried to commit suicide. [50] In R v McArdle [2008] NICA 29 the court concluded that for offences of wounding with intent to cause grievous bodily harm the sentencing range should be between 7 and 15 years......
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