Sentencing Guidelines - Terrorist Offences
Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.
Making/possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – DPP’s Reference – sectarian motivation – 2 years’ probation and 100 hours’ community service – sentencing recommendation in victim impact statements not to form basis for reassessing sentencing – while deterrent custodial sentences normally required for sectarian violence the individual circumstances meant the sentence should not be interfered with.
R v Gareth Edward Marcus, DPP Ref (No 1 of 2013), Reference under Section 36 of the Criminal Justice Act 1988
Possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – causing an explosion likely to endanger life or to cause injury to property – s.2 Explosive Substances Act 1883 – DPP’s Reference – sectarian motivation – need for deterrent sentencing – 4 years’ imprisonment suspended for 3 years – unduly lenient but not interfered with.
Firearms Offences - whether sentence is unduly lenient - double jeopardy.
Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.
Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.
Conspiracy to cause explosion and possession of explosive substances with intent - mortar bomb which exploded accidentally - deterrent sentences for terrorist offences - whether sentence of 25 years manifestly excessive.
Attempted murder of soldier - deterrent sentences - whether sentence of 25 years manifestly excessive - whether Court of Appeal can analyse sentences passed by other judges for similar offences.
Attempted murder and possession of firearms with intent - joint enterprise - whether accessory had sufficient knowledge or contemplation - sentence for terrorist offences in view of cease-fire - prisoner had offended whilst released on licence.
Conspiracy to murder, cause an explosion and other offences - appellants elected not to challenge prosecution evidence - not the equivalent of quilty plea - deterrent sentences for terrorists - disparity of sentence between co-accused.
Conspiracy to murder and conspiracy to cause explosion - whether rules for remission in respect of prisoners serving life sentence differ from those for other serious offences - court should decide appropriate sentence without reference to questions of remission of parole - whether entitled to discount where defendant did not dispute evidence or require Crown to call evidence of proof but did not plead guilty.
Terrorist offences - conspiracy to murder, possession of firearms with intent and false imprisonment - court should decide appropriate sentence without reference to questions of remission or parole - deterrent sentences for terrorist offences.
Possession of unauthorised firearm without certificate - army sergeant - gun enthusiast - whether prison sentence appropriate irrespective of whether or not it is to be suspended.
Possession of explosives and firearms - length of sentence - appellant pleading guilty to possession of explosives and firearms but not challenging Crown's evidence - whether sentence of 20 years' imprisonment manifestly excessive - whether appellant entitled to discount.
Possession of firearms with intent to endanger life - whether 22 years excessive - deterrent sentences for terrorists.
Grievous bodily harm with intent - throwing of petrol bombs and arson - aiding offence - sentenced to probation with conditions - length of detention for young offender - whether unduly lenient.
Possession of firearm with intent - sentence of 12 years' imprisonment imposed - offence committed while on licence from prison - order to return to prison to complete sentence - whether imposition of consecutive sentence excessive.
Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive.
Making property available for terrorism - house made available for use as hide for explosives - knowledge of use made of house - whether 5 years imprisonment manifestly excessive.
Possession of explosives and firearm with intent - appellants convicted of possession of a drogue bomb and automatic rifle with intent to endanger life - sentenced to 18 years imprisonment - whether sentence excessive - whether trial judge took irrelevant matters into consideration.