Sentencing Guidelines - Offences

256 judgments

11 February 2005

R v George Angus McKenzie

Possessing a weapon designed to discharge a noxious liquid gas or thing, contrary to Section 6(1)(b) of Firearms (NI) Order 1981 (as amended) - questions to ask when considering appropriate disposal of firearms offences - suspended sentence - R v. Avis and Others [1998] 1 Cr App R applied.

[2005] NICA 7
Nicholson LJ
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 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
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year old female victim - burglary at night - armed with a knife - sustained, vicious attack - sexual assault - socially withdrawn psychopath - higher starting point - age (18) - guilty plea - tariff fixed at 22 years.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
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
21 December 2004

R V David Anthony McElhone

Death by dangerous driving - youth of driver - mitigation.

[2004] NICA 46
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 Gavin David McCartan

Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.

[2004] NICA 43
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
24 September 2004

Conor Gerard Doyle, Attorney General's Reference No 6 of 2004 (AG Ref 16 of 2004)

Correct approach to guidance contained in Practice Statement.

[2004] NICA 33
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 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
25 August 2004

Thomas Potts, Attorney General's Reference (No 5 of 2004) (AG Ref 10 of 2004)

Reference by AG - whether sentence unduly lenient - Criminal Justice Act 1988 section 36 - blackmail - paramilitary background - guilty plea - previous criminal record - sentence unduly lenient - sentence increased to five years' custody and two years' probation.

[2004] NICA 27
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
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