HMA v McAuley
Mr McAuley was a 16 years old when he stabbed and killed a rival gang member. After a trial diet he was convicted of culpable homicide when he was only 17. He was thereafter sentenced to 9 years considering his background and the circumstances of the case. However, he appealed his conviction and sentence and was successful in relation to his sentence.
The appealant judges considered that not enough weight was given to Mr McAuley’s age. It was also discussed that important factors also included that fact that the appellant did not intentionally kill the victim in fact he has struck his upper leg and not anywhere near his chest and there was also significant provocation by the victim in this case also given the history that the men were rival gang members. On the basis on this the appeal nets sentence was reduced to seven years.