About this case:

• Judgment:
  External link
• Court:
  Crown Court
• Judge:
  Madam Justice McBride

Ms Justice McBride, sitting in Dungannon Crown Court, heard that the man, who was also found guilty of various firearms offences, had extensive criminal records in the UK, the Republic of Ireland, and Lithuania.

Background

Darius Sikorskas pleaded guilty to the manslaughter of Gediminas Staukas in Coalisland in October 2015; and to grievous bodily harm with intent arising from a vicious attack on Grigorius Sviridoras and possession of a firearm with intent.

Mr Sikorskas’ co-defendants, Dmitrijus Indrisiunas and Marius Dzimisevicius, both pleaded guilty to a charge of withholding information.

Dangerous offender

Ms Justice McBride said that Mr Sikorskas’ offences were all ‘serious’ and ‘specified’ violent offences pursuant to the Criminal Justice (NI) Order 2008, and that the question of ‘dangerousness’ therefore arose in considering the sentences to be imposed.

The pre-sentence report assessed Mr Sikorskas as having a high likelihood of reoffending, and that he presented as a serious risk of serious harm to others due to:

• the premeditated nature of the offences;
• the sustained use of orchestrated violence of a prolonged period;
• the significant and graphic level of violence and degradation;
• the use of weapons including firearms;
• his misuse of alcohol and other substances;
• his extensive criminal records in the UK, Republic of Ireland, and Lithuania.

As such, Ms Justice McBride concluded that Mr Sikorskas was a dangerous offender, and noted the number of firearms found at his address after his address.

Given the assessment as a dangerous offender, Ms Justice McBride had to consider whether to impose a life sentence, an indeterminate custodial sentence, or an extended custodial sentence. Satisfied that a life sentence was not appropriate, Ms Justice McBride said that she would consider whether an extended sentence would be adequate to protect the public from serious harm. Considering the reports of two psychologists, and a reference from his partner and mother of his daughter, Ms Justice McBride was satisfied that Mr Sikorskas that an extended custodial sentence was adequate to deal with the risk presented by Mr Sikorskas, and that programmes for change could be delivered both in and outside of prison.

Sentencing

In determining the term to be served, Ms Justice McBride set out the aggravating factors:

• Mr Sikorskas administered a blow of “considerable” force which caused the deceased to fall to the floor and strike his head which resulted in a fracture of the skull and bleeding to the brain;
• Although Mr Sikorskas rendered some limited assistance by placing tape around the deceased’s head he demonstrated indifference by failing to seek any professional medical assistance for the deceased over a period of 8-12 hours when the deceased remained alive;
• Mr Sikorskas left the scene and evaded police detection for five days, continuing to show a callous disregard for the plight of the deceased;
• Mr Sikorskas has a criminal record and is therefore not a person of good character.

Ms Justice McBride identified the mitigating factors as his guilty plea made at the earliest possible stage; and his abstinence from alcohol or drugs for over two years – although his addiction to these substance was not a mitigating factor;

As such, Ms Justice McBride imposed a term of five years and four months for the offence of manslaughter.

Considering the sentence for the offence of GBH with intent and the possession of a firearm with intent, Ms Justice McBride found the following aggravating factors:

• Mr Sikorskas summoned Mr Sviridoras to the premises and therefore this was a pre-planned, but entirely unprovoked, attack.
• It took place over a prolonged period and involved extreme violence which included punches, kicks, the use of iron bars and a gun to inflict injury.
• Mr Sviridoras was subject to degradation as he was made to telephone his former girlfriend and tell her he was being rehabilitated from drugs.
• Mr Sviridoras was forced to shoot himself in the leg and Mr Sikorskas then failed to seek professional medical help. Instead he attempted to clean and cauterise the leg in an amateurish way which in all likelihood inflicted further pain and injury.

Ms Justice McBride said that the only mitigating factor was his guilty plea, which was only made on the first day of trial and therefore carried little weight. For the offence of GBH with intent, Ms Justice McBride said the appropriate term was 11 years’ imprisonment, and for six and a half years for the firearms offence

Having regard to the principle of totality, Ms Justice McBride directed that the sentences in respect of manslaughter and the firearms offence should run concurrently with the sentence imposed for GBH with intent, and therefore imposed a total term of 11 years’ imprisonment.

Sentencing Mr Sikorskas’ co-defendants, Ms Justice McBride sentenced both men to sentences of 12 months, suspended for two years, for withholding information.

• by Seosamh Gráinséir for Irish Legal News