Sentencing Guidelines - Dangerous Offenders under the Criminal Justice (NI) Order 2008
Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.
Wounding with intent to commit GBH (ECS 9 plus 3) threats to kill (9 plus 1 concurrent) – both lower harm and lower culpability required for lower starting point in s.18 OAPA 1861 offence – McAuley and Seaward guideline clarified – however sentencing court’s starting point here of 11yrs. was too high in a case of low harm – 9 yr. custodial element reduced to 7 – dangerousness finding approved and 3 yr. extension left undisturbed.
Wounding with intent X2; common assault X2; and false imprisonment – domestic violence – culpability high but degree of harm low – ECS of 6 plus 4 for each wounding – court underlined need to identify domestic setting as aggravating feature – dangerousness considered – delay between conviction and sentence held to be breach of Article 6 but aggravation outweighed this – appeal refused.
Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.
Robbery contrary to s. 8(1) Theft Act (NI) 1969 and AOABH contrary to s 47 of the Offences Against Person Act 1861 – whether finding of dangerousness justified – whether indeterminate custodial sentence justified – appeal allowed solely in respect of indeterminate sentence which is ‘a sentence of last resort’ – extended custodial sentence substituted.
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.
Appeal against indeterminate custodial sentence with minimum term of five years imprisonment - explosives offence - whether dangerousness provisions of Criminal Justice (NI) Order 2008 applied - whether correct to impose indeterminate custodial sentence rather than extended custodial sentence – appeal dismissed.
Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.