Sentencing Guidelines - Totality / Consecutive

9 judgments

14 June 2017

The Queen v WL

Leave sought to appeal against (conviction and) sentence - indecent assault on female (x8) – rape (x8) – assaults accompanied by threats and violence – offender serving existing sentence for similar offences committed around same time – leave to appeal sentence on the ground of totality granted and appeal allowed – discretionary life tariff of 10 years replaced by one of 6 years

[2017] NICA 36
McBride J
10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7
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
09 May 2003

R v Colin Hughes

Activation of earlier suspended sentence - totality.

[2003] NICA 17
Carswell LCJ
19 December 1997

R v Donald Joseph George Richardson

Theft - offence committed while appellant on bail for another offence - imposition of consecutive sentence - totality of sentence.

R v Richardson 191297
Carswell LCJ
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
08 March 1996

R v Robin Henderson

Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.

R v Henderson 080396
Carswell LCJ
05 February 1993

R v Rowden & Toal

Burglary - offences committed while appellant on bail for another offence - totality of consecutive sentences - disparity between co-accused in respect of the number and quality of their previous convictions - discount for plea of guilty when appellant caught red handed.

R v Rowden & Toal 050293
Hutton LCJ
10 March 1989

R v Robert Magill

Unlawful carnal knowledge - consecutive sentences - three offences against the same victim within relatively short time - whether sentences to consecutive or concurrent.

R v Magill 100389
Hutton LCJ