Sentencing Guidelines - Offences

256 judgments

19 January 2007

R v JR

Proper approach to sentencing in cases of historic familial abuse

[2007] NICA 5
Kerr LCJ
19 January 2007

R v Dean Michael Woods

Murder - 26 year old male victim - ambushed in alleyway - not a normal starting point case - intended to carry out a violent attack - armed himself - aimed blows at the victim's head - young age - previous convictions - tariff fixed at 15 years.

[2007] NILST 3
Kerr LCJ
13 October 2006

R v Patrick McColgan

Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence.

[2006] NICA 41
Kerr LCJ
13 October 2006

R v Patrick McColgan

Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence.

[2006] NICA 41
Kerr LCJ
15 September 2006

R v Michael John Gilbert (AG Ref No 3 of 2006)

Rape, assault and burglary

[2006] NICA 36
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
23 June 2006

R v Andrew Robinson

Tariff - higher starting point - domestic violence.

[2006] NICA 29
Kerr LCJ
02 June 2006

R v Ryan Quinn

Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.

[2006] NICA 27
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 March 2006

R v Gerald Patrick Donnell

Manslaughter - GBH with intent - drunkenness and mitigation.

[2006] NICA 8
Shiel LJ
10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7
Kerr LCJ
24 February 2006

Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)

Guilty pleas - need to plead at earliest opportunity.

[2006] NICA 4
Kerr LCJ
24 February 2006

Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)

Guilty pleas - need to plead at earliest opportunity.

[2006] NICA 4
Kerr LCJ
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
16 September 2005

R v Joseph Henry Bateson

Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.

[2005] NICA 37
Nicholson LJ
06 July 2005

R v Martin Kerr Attorney General's Reference (No 4 of 2005)

Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.

[2005] NICA 33
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
17 June 2005

R v Joanne Elizabeth Mitchell

s. 20 OAPA - neglect of a child/baby - suitability for probation.

[2005] NICA 30
Kerr LCJ
15 April 2005

David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)

Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.

[2005] NICA 18
Kerr LCJ