Sentencing Guidelines - General Sentencing Issues

79 judgments

11 July 1995

R v Doran

Burglary and reckless driving - length of sentence - appellant sentenced to five years' imprisonment after pleading - appellant suffering from schizophrenia - whether sentence should be reduced.

[1995] NIJB 75
Hutton LCJ
09 June 1995

R v Fraser & Others

Armed robbery - length of sentence - co-accused pleading not guilty at time appellants sentenced - co-accused subsequently pleading guilty to aiding and abetting, counselling and procuring armed robbery - co-accused sentenced to shorter prison terms than appellants - disparity in sentences - whether appellant's sentences should be reduced - whether justification for appellant's sense of grievance.

[1995] NIJB 66
Hutton LCJ
05 May 1995

R v Frederick Douglas

Terrorist Offences - attempted murder - possession of firearms with intent - disparity between sentences of co-accused - accused charged with committing a number of offences - concurrent sentences.

R v Douglas 050595
Hutton LCJ
03 March 1995

R v John Glennon, Francis Maher, John Kennaway, Damien Justin Morgan

Terrorist offences - conspiracy to murder, possession of firearms with intent and false imprisonment - court should decide appropriate sentence without reference to questions of remission or parole - deterrent sentences for terrorist offences.

R V Glennon & Others 030395
MacDermott LJ
20 May 1994

R v Delaney

Disparity - principles to be applied - appellant convicted of several counts of burglary after admitting offences some of which had been committed with associate - appellant receiving same sentence as associate even though committing less crimes and stealing less property - whether disparity grounds for reduction of appellant's sentence and whether unfair to appellant.

[1994] NIJB 31
Carswell LJ
17 December 1993

R v Michael G Magee & John Francis O'Hagan

Terrorist offences - conspiracy to murder and cause explosion - deterrent sentences - whether account should be taken for time spent in prison on previous charges.

R v Magee & O'Hagan 171293
Hutton LCJ
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
05 February 1993

R v Rowden & Toal

Burglary - offences committed while appellant on bail for another offence - totality of consecutive sentences - disparity between co-accused in respect of the number and quality of their previous convictions - discount for plea of guilty when appellant caught red handed.

R v Rowden & Toal 050293
Hutton LCJ
26 November 1991

Attorney General's Reference (No 1 of 1991)

Defendants assaulted police officers in an effort to escape after committing burglary - distinction between attempt to resist arrest and intent to inflict grievous bodily harm - concurrent and consecutive sentence - whether sentence for initial offence should be fixed independently of assault - whether sentence unduly lenient.

[1991] 9 NIJB 72
Hutton LCJ
21 November 1991

R v Raymond Gerard Quigg

Making property available for use in connection with terrorism - whether sentence of 10 years manifestly excessive - weight given to the physical condition and personal history of the appellant.

[1991] 9 NIJB 38
Hutton LCJ
08 November 1991

R v Stuart James Gouldie

Suspended sentence - activation - factors to be taken into account by Court - whether sentence should be activated in its entirety.

R v Gouldie 081191
Hutton LCJ
04 October 1991

R v Ivan Frederick Houston

Robbery of bank with imitation firearm - exceptional personal circumstance of appellant based on fact - ex police officer who had been subject to two terrorist attacks and had turned to alcohol.

R v Houston 041091
Hutton LCJ
14 June 1991

R v Rosaleen McCorley

Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive.

[1991] 4 NIJB 70
Hutton LCJ
12 January 1990

R v Adrian Martin McGrath

Suspended sentence - offence committed towards end of operational period of two suspended sentences to which appellant subject to - whether account should be taken of proximity to end of suspended sentence.

R v McGrath 120190
Hutton LCJ
08 December 1989

R v Peter England

Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - poor record of appellant and tragic background and history.

R v England 081289
Hutton LCJ
13 May 1989

R v John Ferguson

Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - appeal - principles to be applied.

R v Ferguson 130589
Lowry LCJ
10 March 1989

R v Robert Magill

Unlawful carnal knowledge - consecutive sentences - three offences against the same victim within relatively short time - whether sentences to consecutive or concurrent.

R v Magill 100389
Hutton LCJ
07 September 1984

R v Patrick Joseph O'Neill

Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.

[1984] 13 NJB
Gibson LJ