Sentencing Guidelines - General Sentencing Issues

79 judgments

11 November 2005

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.

[2005] NICA 44
Kerr LCJ
27 October 2005

R v Charles Malachy Oliver Pollock

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.

[2005] NICA 43
Kerr LCJ
04 July 2005

R v Sean Kenneth Murphy

GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.

[2005] NICA 32
Campbell LJ
20 May 2004

R v Peter Joseph McKiernan

Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.

[2004] NICA 18
Kerr LCJ
06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21
Carswell LCJ
09 May 2003

R v Colin Hughes

Activation of earlier suspended sentence - totality.

[2003] NICA 17
Carswell LCJ
14 January 2000

R v John Paul Patrick Francis McDonnell

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.

[2000] 2453
Carswell LCJ
26 March 1999

R v Daniel Lunney

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.

R v Lunney 260399
Girvan LJ
19 June 1998

Attorney General's Reference (No 1 of 1998) (McElwee)

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.

[1998] NIJB 64
Carswell LCJ
16 March 1998

R v McShane

Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.

[1998] NIJB 64
Kerr J
16 March 1998

R v Philip Coates

Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.

Coates 230697
MacDermott LJ
06 March 1998

R v Baker and Another

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.

[1998] NI 130
MacDermott LJ
19 December 1997

R v Donald Joseph George Richardson

Theft - offence committed while appellant on bail for another offence - imposition of consecutive sentence - totality of sentence.

R v Richardson 191297
Carswell LCJ
18 December 1997

R v Colin McKeown, Jason Loyal & Robert Glasgow

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).

R v McKeown, Logal, Glasgow 181297
MacDermott LJ
15 May 1997

R v Alan Alfred Price

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.

R v Price 150597
Carswell LCJ
07 February 1997

R v James Kennedy Horrocks

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.

R v Horrocks
MacDermott LJ
07 February 1997

R v Joanne Conlon

Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.

R v Conlon 07021997
MacDermott LJ
03 May 1996

R v Stalford and O'Neill

Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.

R v Stalford and O'Neill
MacDermott LJ
08 March 1996

R v Robin Henderson

Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.

R v Henderson 080396
Carswell LCJ
27 February 1996

Attorney General's Reference (Nos 1 & 2 of 1996)

Suspended sentence - adequacy of sentence - offences against the person - causing grievous bodily harm and burglary - whether suspended sentences unduly lenient - procedure for suspending sentence.

[1996] NI 456
MacDermott LCJ