Sentencing Guidelines - Life Sentences – Tariff Rulings

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46 judgments

19 January 2007

R v John Hugh Brady

Murder - male RUC Reserve victim - terrorist crime - booby trap under car - drove car containing the device - exploited - gave himself up - confessed role to police - pleaded guilty - no clear evidence of remorse - Re Colin King did not mean that Practice Statement of Lord Woolf was not to be followed - tariff fixed at 15 years.

[2007] NILST 1
Kerr LCJ
03 July 2006

R v Colin Paul King

Murder - victim 83 year old widow - burglary - beaten and stabbed - house deliberately set on fire - higher starting point reduced - prisoner's youth (16) at time of offence - previous convictions for burglary - co-accused admitted stabbing victim - tariff fixed at 14 years.

[2006] NILST 2
Kerr LCJ
27 March 2006

R v Ronald Terence Graham

Murder - 5 year old girl victim - manual strangulation - concealed body - probable sex assault - joined in search for child - admitted indecent assault at interview - conflicting versions of what happened - two previous convictions for indecent assault - psychiatric history - severe untreatable psychopathic personality - highly dangerous - pleaded guilty - higher starting point - lack of rermorse - tariff fixed at 25 years.

[2006] NILST 1
Kerr LCJ
10 February 2005

R v Gerard Patrick Stewart [2004] NICC 23

Murder and attempted murder - 18 year old female victim - stabbing - fled scene - previous record for violence - higher starting point - killed to let prisoner escape - failure to respond to previous sentences - youth (20) - personality difficulties - tariff fixed at 17 years.

[2005] NILST 4
Kerr LCJ
31 January 2005

R v Ian Alexander Quinn

Murder - 76 year old female victim - burglary at night - armed with a knife - sustained, vicious attack - sexual assault - socially withdrawn psychopath - higher starting point - age (18) - guilty plea - tariff fixed at 22 years.

[2005] NILST 3
Kerr LCJ
31 January 2005

R v Kenneth Henry Callaghan

Rape and murder - 22 year old female victim - broke into home - multiple blows to head by blunt metal instrument - initially denied offence - confessed when confronted by evidence - claimed the attack was the result of a psychotic episode - no supporting evidence - higher starting point - age - belated plea of guilty - tariff fixed at 21 years.

[2005] NILST 2
Kerr LCJ
04 January 2005

R v Samuel David Joseph Cummins

One of several men who attacked male victim after night out at nightclub - higher starting point - concerted, savage, merciless attack - substantial sentence for the retribution and deterrence aspects - no tangible evidence of genuine remorse - conceivable did not intend to kill - tariff fixed at 15 years.

[2005] NILST 1
Kerr LCJ
31 December 2004

R v John McAleese

Murder - 24 year old male victim - attacked in toilets of a bar - denied any involvement - blamed co-defendant - previous convictions - expressed intention to attack deceased - no trace of regret - intimidated co-accused - provocation not accepted - tariff fixed at 14 years.

[2004] NILST 22
Kerr LCJ
21 December 2004

R v Hugh Alexander Lindsay [2004] NILST 11

Murder - strangled female acquaintance - dumped body - normal starting point - likely murder due to sudden loss of control - destruction of murder scene - contested charge - no evidence of remorse - clear record not a mitigating factor - tariff fixed at 14 years.

[2004] NICC 30
Kerr LCJ
08 December 2004

R v Oliver Junior Joseph Shortt

Murder - female victim - manual strangulation - prolonged, gratuitous attack in her home - set fire to house with the deceased's son (who managed to escape) in it - higher starting point category - tariff fixed at 17 years.

[2004] NICC 24
Kerr LCJ
02 December 2004

R v William Skehens

Murder - elderly female victim (aunt) - sexually assaulted - stole money - death caused by mechanical asphyxiation - higher starting point case - terrible injuries prior to death - prisoner's youth - guilty plea - tariff fixed at 20 years.

[2004] NILST 21
Kerr LCJ
02 December 2004

R v David Conway

Murder - 20 year old female victim - girlfriend - shot in face - sawn off shotgun - handed himself in to police - maintains accidential discharge - jury rejected this - no assigned starting point - possession indicates pre-planning - record of crimes of violence - admission and remorse - tariff fixed at 14 years.

[2004] NILST 23
Kerr LCJ
15 November 2004

R v Henry Baird

Murder - girlfriend's young son who was ill - higher starting point - kicked child twice - evidence of at least intention to inflict GBH - broke down under interview and made admissions - no responsibility for his actions - considered and deliberate attack - not momentary loss of control - tariff fixed at 16 years.

[2004] NILST 19
Kerr LCJ
20 October 2004

R v Clive Moore

Murder - attacked business acquaintance - multiple hammer blows - body partly rolled in river - later admission on basis of provocation - not accepted by jury - higher starting point - came armed with murder weapon - initially lied - some attempt at concealment - admission of actus reus - tariff fixed at 14 years.

[2004] NILST 18
Kerr LCJ
14 September 2004

R v Kenneth Douglas

Murder - male victim (neighbour) - mistaken belief was deceased's son - grudge - multiple blows on head from blunt object - deed admitted to close family upon realisation - drinking - victim of sexual abuse - no clear starting point - planned attack - armed with weapon in advance - made himself available to police - numerous admissions - led police to the murder weapon - age - insignificant record - remorse - tariff fixed at 13 years.

[2004] NILST 17
Kerr LCJ
25 August 2004

R v Andrew George Mawhinney

Murder - 33 year old victim (neighbour) - both intoxicated - deceased initially the aggressor - provocation unsuccessfully argued - personality disorder - limited capacity to cope with stress and anger - does not fit comfortably into either starting point - attacked with clear intention of killing - armed with hatchet and knife - repeated blows - significant previous convictions - no compelling evidence of remorse - tariff fixed at 14 years.

[2004] NILST 15
Kerr LCJ
25 August 2004

R v Michael McFadden

Murder - 74 year old male victim - robbery - savage beating followed by strangulation - higher starting point - pre-meditated and undertaken to prevent identification - previous convictions for robbery - admissions to police - early plea of guilty - tariff fixed at 17 years.

[2004] NILST 16
Kerr LCJ
28 June 2004

R v James O'Malley

Murder - 37 year old female victim - multiple blows to head from heavy blunt object - considerable force - could not explain his actions - expressed remorse - clear record - early guilty plea - higher starting point - victim in state of distress having been raped before he picked her up - tariff fixed at 14 years.

[2004] NILST 14
Kerr LCJ
25 June 2004

R v Stephen John Boyle [2004] NILST 7

Murder - drunken state - attacked 2 flatmates with hurley stick causing multiple fractures - stabbed 3rd flatmate 10 times causing death - higher starting point - had intended to attack victim - armed himself with the knife in preparation - alcohol and anger management issues - previous convictions for offences of violence (including robbery and rape) - tariff fixed at 13 years.

[2004] NICC13
Kerr LCJ
25 June 2004

R v David Andrew Nicholson [2004] NICC 14

Murder - inebriated victim - burglary - 78 stab wounds to various parts of body - higher starting point - many aggravating features - tariff fixed at 16 years.

[2004] NICC 14
Kerr LCJ