McDonagh’s (Patrick) Application
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 16 December 2010 |
| Neutral Citation | [2010] NIQB 139 |
| Date | 16 December 2010 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2010 |
1
Neutral Citation No. [2010] NIQB 139 Ref:
McCL8049
Judgment: approved by the Court for handing down Delivered:
16/12/10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN'S BENCH DIVISION (JUDICIAL REVIEW)
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McDonagh’s (Patrick) Application [2010] NIQB 139
IN THE MATTER OF AN APPLICATION BY PATRICK McDONAGH
FOR JUDICIAL REVIEW
________
McCLOSKEY J
Introduction
[1] The Applicant is a life sentence prisoner. Initially his detention was on foot of
two successive hospital orders, made in November and December 1998 after he had
pleaded guilty to a range of offences, including the attempted murder of a fellow
prisoner. On 5th February 2008, the Court of Appeal dismissed his appeal against
conviction but allowed his appeal against the hospital orders. On 25th June 2008,
following a period of almost five months remand on bail, the Applicant was
sentenced by the Court of Appeal to life imprisonment. In imposing this sentence,
Campbell LJ stated:
“… the sentence which we have decided is one of life
imprisonment because we are of the opinion that this is
necessary to protect the public from serious harm because of
the history.”
Throughout virtually the whole of his period of detention, the Applicant was
detained in a high security hospital in Scotland (for some eight years) and then in a
low secure unit (for some three years). In determining the minimum term,
Campbell LJ added:
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Ulster Bank Ireland Limited and Ulster Bank Limited (As Security Trustee For The Finance Parties) v Michael Adrian Taggart and John Desmond Taggart
...on the initiative of the Appellants’ solicitors without permission or direction of the court. 6 [6] In Re McDonagh’s Application [2010] NIQB 139, in a somewhat different litigation context, the judgment of this court lamented the undesirable consequences which can be generated by solicitors......