Ref: COL11163
Neutral Citation No: [2020] NICC 3
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Delivered: 28/01/2020
COLTON J
The Charges
Donach Rice
Count 1 - Manslaughter - Unlawfully killing Padraig Fox.
Count 2 - Perverting the course of justice.
Count 3 - Fraud by false representation.
Count 4 - Jointly charged with Nathan Rice with burglary at the Slieve Donard Hotel.
Count 5 - Jointly charged with Paul Magennis - attempted robbery.
Count 6 - Jointly charged with Paul Magennis - perverting the course of justice.
Nathan Rice
Count 4 - Jointly with Donach Rice - burglary at the Slieve Donard Hotel.
Count 7 - Perverting the course of justice.
Paul Magennis
Count 5 - Jointly with Donach Rice - attempted robbery.
Count 6 - Jointly with Donach Rice - perverting the course of justice.
Count 8 - Perverting the course of justice.
Count 9 - Theft.
Factual Background
"In summary Padraig Fox was a 29 year old male who was subjected to a blunt force assault. He was struck to the face and sustained a fractured nose, facial bruising and a laceration to the left lower eyelid. During the course of the assault, he sustained a head injury characterised by a right sided depressed skull fracture, subarachnoid haemorrhage and traumatic axonal injury. He brain became severely swollen within the rigid confines of the skull, leading to compression of the base of the brain. This would be expected to cause unconsciousness, and whilst lying supine, in an unconscious state, his ability to breathe would have been compromised due to his broken nose and consequent bleeding into his airways."
Victim Impact
Sentencing principles in relation to manslaughter
"[19] The decisions in Coleman and Furby, while of course not binding on this court, are of considerable persuasive authority. But in this difficult area of striking a balance between, on the one hand, the culpability of the offender and, on the other, the public sense of justice, this court must reflect conditions encountered in our community and the expectations of its citizens. As we have said, it is now, sadly, a common experience that serious assaults involving young men leading to grave injury and, far too often, death occur after offenders and victims have been drinking heavily. The courts must respond to this experience by the imposition of penalties not only for the purpose of deterrence but also to mark our society's abhorrence and rejection of this phenomenon. These sentences must also reflect the devastation wrought by the death of a young man such as Mr McVey.
[20] As the court in Furby said, however, where the consequences of a single blow were not foreseeable, care must be taken to ensure that the sentence imposed is not disproportionate. While acknowledging the strength of this factor, we cannot believe that a starting point of twelve months imprisonment adequately caters for the considerations that we have outlined in the preceding paragraph. We consider that a more suitable starting point in Northern Ireland for this type of offence is two years' imprisonment and that this should rise, where there are significant aggravating factors, to six years. It follows that we must reject the argument that the judge's sentence in the present case must be regarded as excessive because it does not accord with the guidelines contained in Coleman.
[21] We agree with the view of the Court of Appeal in Furby, however, that no valid distinction can be drawn between the case where a light or moderate blow unexpectedly causes death and that where the blow causes the victim to fall and sustain, as a result of the fall, injuries which prove fatal. Such a distinction is, of course, justified, where the blow is particularly severe and, for the reasons that we have given, we consider that the blow struck in this case falls into that category."
"… Substantial sentences are required to deter young men from engaging in this type of wanton violence and to remind them that if the effects of their actions go beyond what they in their drunken condition intended, they must face the consequences of that eventuality. Severe sentences are also required to mark society's outright rejection of such behaviour and to reflect the ultimate and terrible tragedy of a young life brought shamefully to an end."
"The clinical picture currently presented in this case is of an individual with significant personality based deficits to which damaging developmental influences are likely to have contributed, and that include dissocial and 'borderline' traits of low frustration, tolerance, a lack of appropriate and effective strategies for coping with negative feelings and stressful situations, and relative limited ability to intuitively reflect on the wider consequences of his actions."
He goes on to say:
"I would consider that Mr Rice is currently highly likely to continue to relapse to patterns of behaviour that have previously provided him with a sense of camaraderie and of temporary respite from demands and difficulties in his life and should Mr Rice continue to engage in psychoactive substance misuse the risk of deterioration in his mental wellbeing and of further damaging behaviour is clearly significant."
The appropriate sentence
Nathan Rice
- You shall participate actively in an alcohol/drug counselling and/or treatment programme during the probation period and you must comply with the instructions given by or under the authority of the person in charge.
- You must actively participate in any programmes of work recommended by the supervision order designed to reduce any risk it may present and to attend and co-operate in assessments by PBNI as to your suitability for programmes and other events of focused work.
Paul Magennis
"In discussing the fatal consequences his statements and demeanour evidenced remorse and he repeatedly expressed concern for the victim's family. Mr Magennis remembers feeling shock at the time and states in the panic he did not stop to think. He states in hindsight he should have phoned the emergency services. Mr Magennis tells me he is extremely ashamed of his actions. Having had the opportunity to reflect since the time of the offences he was clear in terms of how he perverted the course of justice and acknowledged how this may have delayed the investigation at the time. Mr Magennis's level of victim awareness appears to have increased since the time of the offences and he was clear in terms of both the short and longer term impact on the victim's family and friends. He also presents with an understanding of the impact of his offending on his own family."