Sentencing guidelines

The Court of Appeal provides new sentencing guidance on how judges should address sentence reduction for culpable delay at paragraphs [67] – [77].

Renewed application for leave to appeal a sentence of 40 months – affray – both parties received significant injuries – court held sentencing judge should have distinguished the appellant’s sentence from his co-accused due to his lack of relevant criminal record - material supporting that the appellant had been a victim of a prior attack in the toilets which led to the incident captured on CCTV - sentencing judge approached this evidence incorrectly – significant delay - sentence manifestly excessive – leave granted – appeal allowed – 30 month sentence substituted.

[2025] NICA 11 Treacy LJ

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

20 February 2025

Sentencing guidelines

7495 results

Brigid Moss v Chief Constable of the Police Service of Northern Ireland and Ministry of Defence and The Attorney General for England and Wales And Brigid Moss v The Foreign, Commonwealth and Development Office and Home Office

Summary of Judgment - R v Brown, Sewell, Rainey, Ervine, Spiers, Morrison, McCartney, Haire and Kirkwood (Ian Ogle murder) - Sentencing

The King v Brown, Sewell, Rainey, Ervine, Spiers, Morrison, McCartney, Haire and Kirkwood

The King v Craig Rowland and Laura Graham

King v Timothy Walker and Natalie Brannigan

John Issac Patterson and James Barkley and Others

Committee on the Administration of Justice Application for Judicial Review

JR315 (A minor) Application for Judicial Review

David Finegan and Margaret McDonald

Haberlin (Liam) Application for Judicial Review (Leave stage)

King v Brian Ruddy

Summary of judgment - R v Michael McGinley

Summary of judgment - R v Darryl Haughey

King v Michael McGinley

King v Darryl Haughey

Maguire's (Ciaran) Application (for bail)

Carla Carlin and Ciaran Waldron and Roisin Kelly

Peeples (Clifford) Application for Judicial Review (Leave stage)

The inquest touching upon the death of Mary Josephine (Joyce) McCann

Summary of findings - Clonoe Inquest (O'Donnell, Vincent, Clancy and O'Farrell)