Sentencing Guidelines - Offences

256 judgments

11 July 2003

AG for NI (no 2 of 2003) (Gavin James Robinson) AG for NI (no 6 of 2003) (Graeme Humphreys) AG for NI (no 7 of 2003) (Colm Peter McGuone) AG for NI (no 8 of 2003) (Dean Noel James)

Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink.

[2003] NICA 28
Carswell LCJ
20 June 2003

R v Peter Murray & Christopher Armstrong

Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.

[2003] NICA 24
Carswell LCJ
06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21
Carswell LCJ
03 April 2003

R v Brian Anthony Edwards

Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.

]2003] NICA 11
Nicholson LJ
11 June 2002

R v Anthony Andrew Megarry

Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.

[2002] NICA 62
Carswell LCJ
19 February 2002

R v John Hunter

First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.

[2002] NICC 14
Hart J
14 December 2001

R v Colin Victor McDonald

Attempted murder - rape - destruction of unborn child - offender repeatedly striking girlfriend with stair spindle - throwing her down stairs - dragging her upstairs by hair - multiple stabbing - raping her - later striking her with vacuum cleaner hose and stamping on her head - 22 years on a contest.

[2001] NICA 52
Carswell LCJ
01 June 2001

R v Alan Jones

s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants

[2001] NICA 55
Campbell LJ
19 June 1998

Attorney General's Reference (No 1 of 1998) (McElwee)

Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.

[1998] NIJB 64
Carswell LCJ
24 April 1998

R v Seamus Gerard Mullan

Causing death by careless driving when under influence of drink - salient factors to the extent of the carelessness - "hit and run" accident - plea of guilty.

Mullan 240498
MacDermott LJ
16 March 1998

R v Philip Coates

Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.

Coates 230697
MacDermott LJ
16 March 1998

R v McShane

Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.

[1998] NIJB 64
Kerr J
11 March 1998

R v David Thomas McIlwaine

Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.

R v Mcilwaine MacDermott LJ 11.03.98
MacDermott LJ
16 February 1998

R v O'Keefe

Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.

Gary John O'Keefe 16/02/1998
MacDermott LJ
13 February 1998

R v Sloan

Dangerous driving - causing death or grievous bodily harm - circumstances aggravating offence and circumstances mitigating offence - length of appropriate custodial sentence.

[1998] NI 58
MacDermott LJ
19 December 1997

R v Steven McCullough

Assault occasioning actual bodily harm of female - significant degree of disfigurement - whether trial judge erred by drawing comparison to sentencing in "glassing" cases.

R v McCullough 191297
Carswell LCJ
18 December 1997

R v Colin McKeown, Jason Loyal & Robert Glasgow

Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).

R v McKeown, Logal, Glasgow 181297
MacDermott LJ
14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197
Kerr J
14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197
Kerr J
10 October 1997

R v Eamon Hugh Molloy

Rape, attempted buggery and indecent assault of pregnant woman in her own home - attack caused "major psychological trauma" to victim - whether 15 years excessive.

1997 NIJB 241
Carswell LCJ