Sentencing Guidelines - Burglary

9 judgments

12 September 2014

R v Paul Pollins

Appeal against sentence – aggravated burglary and criminal damage – use of indeterminate custodial sentence – disposal of last resort – necessity of prior inquiry: can public protection be achieved under extended sentence scheme? – appeal allowed and extended sentence substituted.

[2014] NICA 62
Morgan LCJ
12 September 2014

R v Thomas McCaughey and Martin Smyth

Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending.

[2014] NICA 61
Morgan LCJ
05 December 2003

R v Robert Black

Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.

[2003] NICA 51
Carswell LCJ
20 June 2003

R v Peter Murray & Christopher Armstrong

Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.

[2003] NICA 24
Carswell LCJ
11 June 2002

R v Anthony Andrew Megarry

Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.

[2002] NICA 62
Carswell LCJ
16 February 1998

R v O'Keefe

Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.

Gary John O'Keefe 16/02/1998
MacDermott LJ
06 August 1993

R v Lendrum

Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.

[1993] 7 NIJB 78
Hutton LCJ
28 June 1993

Attorney General's Reference (No.2 of 1993)

Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient.

[1993] 5 NIJB 71
Hutton LCJ
10 May 1991

R v Moore & Others

Aggravated burglary and assault occasioning actual bodily harm - seriousness of offence - credit for change of plea to guilty.

HUTTON LCJ 10 MAY 1991
Hutton LCJ