R v McEntee (Thomas Scott)
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 28 June 2018 |
| Neutral Citation | [2018] NICC 12 |
| Court | Crown Court (Northern Ireland) |
| Date | 28 June 2018 |
1
Neutral Citation No: [2018] NICC 12
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL10695
Delivered: 28/6/2018
IN THE CROWN COURT AT CRAIGAVON
________
SITTING AT LAGANSIDE COURT BELFAST
________
R
-v-
THOMAS SCOTT McENTEE
_________
COLTON J
[1] The defendant was charged with the following offences:
First Count - Burglary, contrary to section 9(1)(b) of the Theft
Act (Northern Ireland) 1969.
Second Count - Indecent exposure, contrary to Common Law.
Third Count - Theft, contrary to section 1 of the Theft Act
(Northern Ireland) 1969.
Fourth Count - Theft, contrary to section 1 of the Theft Act
(Northern Ireland) 1969.
Fifth Count - Aggravated burglary and stealing, contrary to
section 10(1) of the Theft Act (Northern Ireland)
1969.
Sixth Count - Murder, contrary to common law – the particulars
of the offence are that the defendant murdered
Michael Cawdery on 26 May 2017. The
prosecution ultimately accepted a plea of
manslaughter by reason of diminished
responsibility in respect of this count.
Seventh Count - Murder, contrary to common law – the particulars
are the defendant murdered Marjorie Cawdery on
26 May 2017. The prosecution ultimately accepted
a plea of manslaughter by reason of diminished
responsibility in respect of this count.
2
Eighth Count - Aggravated vehicle taking causing damage to the
vehicle, contrary to Article 172A(2)(d) of the Road
Traffic (Northern Ireland) Order 1981.
Ninth Count - Dangerous driving, contrary to Article 10 of the
Road Traffic (Northern Ireland) Order 1995.
Background circumstances
[2] On 25 May 2017 police received a report of a male person making a nuisance
of himself in The Square, Warrenpoint at 18:09 hours. The male had a bottle of
Buckfast with him and was in an intoxicated condition and approaching ladies in the
street. The male was identified as the defendant, Thomas McEntee. He was taken to
Newry train station by police at 18:56 hours. The male indicated that he intended to
travel to Lurgan.
[3] At 22:00 hours that evening Maurice Mathers of Derrybeg Lane, Newry
reported to police that there had been a break-in to the garage at his home. It
emerged that this had been done by the defendant who had stolen a key from the
garage. Having done so, he then slept in a van parked nearby until the following
morning (Count 1).
[4] At 6.30am on 26 May 2017 the defendant called at his sister’s house in
Bessbrook. She had not seen her brother for several years. On arrival it was
observed that he had a cut to the underside of his right arm. His shirt was ripped
and there was blood on it. His sister dressed his wound. Whilst at the house he had
some food and two beers. His sister last saw him around 8.45am but he told her he
was going to a charity shop and would be back later.
[5] At approximately 9:47am the PSNI received reports from members of the
public that a naked male was walking up the Millvale Road towards Camlough. A
member of the public lifted clothes off the road and gave them to the police. The
PSNI attempted to locate this male and a further report was received from the
Mental Health Department at Daisy Hill Hospital that there was a naked male in
their grounds (Count 2). Upon police arrival at Daisy Hill Hospital the naked male
was identified as the defendant, Thomas McEntee.
[6] The defendant was then conveyed by ambulance to Craigavon Area Hospital
and escorted there by the police. Mr McEntee disclosed to ambulance staff that he
had suicidal tendencies. He agreed to remain at the hospital for assessment at the
Bluestone Clinic. He was noted to have lacerations to his arms and neck.
[7] During his initial assessment in Accident and Emergency his demeanour
changed and he left the hospital before a full assessment could be carried out.
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Queen v Steven Arthur Andrew McBrine
...helpfully referred me to a number of relevant authorities especially R v Hackett [2017] NIJB 274; R v Crolly [2011] NICA 58; R v McEntee [2018] NICC 12 and R v Dolan [2020] LICC 7. I take from them that discretionary life sentences should be reserved for offences of the utmost gravity, wher......