R v Patrick Joseph Murdock
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 2003 |
| Neutral Citation | [2003] NICA 21 |
| Date | 06 June 2003 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2003] NICA 21
Ref:
CARF3941
Judgment: approved by the Court for handing down
Delivered:
06/06/2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
THE QUEEN
v
PATRICK JOSEPH MURDOCK
_____
Before: Carswell LCJ and Coghlin J
_____
CARSWELL LCJ
[1] This is an application for leave to appeal against sentences passed on the
applicant on 2 July 2002 at Belfast Crown Court by His Honour Judge
McFarland. The gravamen of the applicant’s case, as presented in this court,
was that there was an unjustifiable and unfair disparity between himself and
his co-accused Michael Edward Wheeler, who received the same sentence. At
the conclusion of the hearing we dismissed the application and stated that we
would give our reasons in writing at a future date. This judgment now
contains our reasons.
[2] The applicant, Wheeler and Damian John Joseph Bruce were charged on
an indictment containing a number of counts of drugs offences. The applicant
was charged on the following counts:
7. Possession of cannabis resin at the Royal Ascot car park.
8. Supplying cannabis resin at the Royal Ascot car park.
9. Possession of cannabis resin at his home.
10. Possession of the same with intent to supply.
The applicant pleaded not guilty, but after the jury was sworn on the morning
of trial he changed his plea to one of guilty. On the charges of possession in
counts 7 and 9 the judge sentenced him to three years’ imprisonment. On
counts 8 and 10 he made a custody probation order, consisting of five years’
custody and two years’ probation, indicating that if the applicant had not
To continue reading
Request your trial
18 cases
-
The Queen v Keon Edwards
...is intended to give some guidance on sentencing with the intention of achieving some consistency and in the approach to sentencing. In Murdock v R9, the Court of Appeal of North Ireland noted; "Guidelines are of use in maintaining a degree of consistency in sentencing, but they are not to b......
-
The Queen v Andre Penn
...R. (S) 8. See page 3 of Millberry's judgment. 23 60 Cr. App. R. 74. 24 http://www.inbrief.co.uk/court-judgements/sentencing.htm 25 Murdock, R v [2003] NICA 21 26 HCRAP2006/005, HCRAP2006/006 and HCRAP2006/008 [Antigua & Barbuda] CA. Judgment delivered on 15 December 2010, per Baptiste J.......
-
The Queen v Vernon Anthony Paddy
...42 Next, I come to sentencing guidelines. They provide useful assistance to the court but they are not determinative of the sentence. In R v Murdock, 18 the Court of Appeal of Northern Ireland observed that: ‘Guidelines are of use in maintaining a degree of consistency in sentencing, but th......
-
The Queen v Andre Penn
...8. See page 3 of Millberry's judgment. 23 60 Cr. App. R. 74. 24 http://www.inbrief.co.uk/court-judgements/sentencing.htm 25 Murdock v R , [2003] NICA 21. 26 HCRAP2006/005, HCRAP2006/006 and HCRAP2006/008 [Antigua & Barbuda] CA. Judgment delivered on 15 December 2010, per Baptiste J.A. 27 Se......
Request a trial to view additional results