Sentencing Guidelines - Offences

256 judgments

17 September 2010

R v SG

Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003.

[2010] NICA 32
Morgan LCJ
28 May 2010

R v Thomas Corrigan

Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.

[2010] NICA 23
Morgan LCJ
26 March 2010

R v Wong Sui Ching

Credit to be given for period of foreign detention relating to subject crime.

[2010] NICA 12
Morgan LCJ
26 March 2010

R v Conrad Trafford Doole

Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline.

[2010] NICA 11
Morgan LCJ
28 October 2009

R Darryl John Proctor

Offender participating in concerted sectarian attack on group of young Roman Catholic men - one of the group left in low-level, probably vegetative state - reduced life expectancy - late plea - joint enterprise - CPO 12 years plus 1 (total: 13 years).

[2009] NICA 51
Coghlin LJ
06 March 2009

R v CK a minor

Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.

[2009] NICA 17
Kerr LCJ
09 January 2009

R v Alan Stewart

Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.

[2009] NICA 4
Kerr LCJ
02 December 2008

R v Paul McMillan

First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.

[2008] NICC 40
Hart J
29 September 2008

R v Mark John Rush

Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.

[2008] NICA 43
Coghlin LJ
22 September 2008

R v James Junior McKinstry Craig

Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.

[2008] NILST 13
Kerr LCJ
03 September 2008

R v John Smith

Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.

[2008] NILST 9
Kerr LCJ
05 August 2008

R v Samuel Shannon

Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.

[2008] NICA 38
Campbell LJ
21 July 2008

R v Damien Gibbons, Declan Stilges and David Martin Crone. AG's Ref (No 1 of 2008)

Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.

[2008] NICA 41
Kerr LCJ
17 July 2008

R v Christopher McMillan

Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.

[2008] NILST 8
Kerr LCJ
16 July 2008

R V Christopher McGinn. AG Ref (No. 2 of 2008)

Death by dangerous driving - youth of driver - mitigation.

[2008] NICA 40
Kerr LCJ
27 June 2008

R v Trevor Hamilton

Conditions justifying imposition of whole life tariff

[2008] NICA 27
Kerr LCJ
26 May 2008

R v Nicholas Evans

Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.

[2008] NILST 12
Kerr LCJ
23 May 2008

R v Jonathan Gerard Patrick Turley

First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).

[2008] NICC 18
Hart J
23 May 2008

R v Daniel McArdle

-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861 -Protective element under article 20 of the Criminal Justice (NI) Order 1996 -Previous good character and youth to be taken into account - Totality/proportionality

[2008] NICA 29
Kerr LCJ
19 May 2008

R v William Murphy

Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.

[2008] NILST 7
Kerr LCJ