Sentencing Guidelines - General Sentencing Issues
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.
Activation of earlier suspended sentence - totality.
Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.
Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Custodial sentence - seriousness of offence - offence so serious that only custodial sentence can be justified - appellants pleading guilty to charge of burglary and sentenced to six months' imprisonment - whether custodial sentence appropriate.
Theft - offence committed while appellant on bail for another offence - imposition of consecutive sentence - totality of sentence.
Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).
Application for leave to appeal against activation of suspended sentence - whether should be credit for time spent on remand before suspended sentence was handed down.
Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution.
Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.
Suspended sentence - adequacy of sentence - offences against the person - causing grievous bodily harm and burglary - whether suspended sentences unduly lenient - procedure for suspending sentence.