Sentencing Guidelines - Sexual Offences

44 judgments

10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7
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
30 April 2004

R v Daniel John O'Connell Attorney General's Reference No 2 of 2004 (AG Ref 1 of 2004)

Rape, attempted rape and indecent assault

[2004] NICA 15
Kerr LCJ
31 October 2003

R v John Anthony Deery Attorney General's Reference (No 16 of 2003)

Indecent assault - several child victims over many years - concurrent/consecutive sentences

[2003] NICA 44
Weir J
31 October 2003

Reference by Her Majesty’s Attorney General for Northern Ireland (no 9 of 2003)

Unduly lenient sentence - rape and indecent assault - totality

[2003] NICA 41
Carswell LCJ
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
02 May 1997

R v Colm McQuilan & Joseph McCormick

Rape of German tourist - aggravating and mitigating factors - guideline cases.

R v McQuillan & McCormick 020597
MacDermott LJ
18 April 1997

R v Darren Boyd

Buggery, indecent assault and gross indecency with young boy - supply of prosecution evidence to defence - objective evaluation of new material - sentencing in child sexual abuse cases.

Darren Boyd 18041997
MacDermott LJ
18 March 1997

R v J.M

Appeal against sentence - rape and sexual abuse of daughter - whether 16 years sentences excessive - deterrent sentences - weight to be given to mental condition of appellant.

R v J.M
MacDermott LJ
21 February 1997

R v D Attorney General's Reference (No.5 of 1996)

Sentencing - rape and indecent assault on Daughter by father - "incestuous rape" and sexual abuse - whether sentence unduly lenient - age of offender and aggravating factors.

R v D AG Ref No.5 of 1996
MacDermott LJ
07 February 1997

R v James Kennedy Horrocks

Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution.

R v Horrocks
MacDermott LJ
24 January 1997

R v Patrick Joseph McColgan

Application for leave to appeal against sentence - rape - contested case - aggravating and mitigating factors.

R v McColgan 240197
Carswell LCJ
20 December 1996

R v William Alfred Lemon

Appeal against sentence - indecent assault of young girl - appellant in position of trust and influence.

R v Lemon 201296
McCollum J
22 November 1996

R v William Kieran Brady

Application for leave to appeal against sentence - indecent assault on young girls - state of health and age of applicant - whether offences were "persistent" - accused had gained trust of girls - whether sentence excessive.

R v William Kieran Brady 221196
Hutton LCJ
14 March 1996

R v David Moore Attorney General's Reference (No.4 of 1995)

Sentencing - rape of young girl at knifepoint by TA soldier - plea of guilty - discussion between trial judge and defence counsel in chambers regarding likely sentence - whether 5 years unduly lenient.

AG Ref No.4 of 1995 R v David Moore
MacDermott LJ
26 October 1995

R v W

Incest - rape and indecent assault of daughters - aggravating and mitigating factors.

R v W 261095
Carswell LJ
04 March 1994

R v Samuel McMillan

Buggery - offences committed by uncle in boy's home - time lapse between date of offence and prosecution.

Samuel McMillan 040394
Kelly LJ
15 October 1993

R v Alister James Harkness

Assault with intent to rape - sentencing for "completed" rape and attempted rape.

R v Alister James Harkness 15101993
Carswell J
25 October 1991

R v Desmond Martin McCafferty

Indecent assault on young girl - appellant held position of trust with girl's parents - aggravating and mitigating factors.

R v McCafferty
Kelly LJ