R v Byrne & Cash
Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.
[2020] NICA 16 Morgan LCJSearch decision and choose filters to show only the results you want
Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.
[2020] NICA 16 Morgan LCJ
Possession of explosives with intent to endanger life or cause serious injury to property contrary to s. 3(1)(b) of the Explosive Substances Act 1883 - reiteration of principles governing guilty pleas – need for counsel to correct any misapprehension on court’s part as to timing of guilty plea –recourse to be had to the ‘slip rule’ under s. 49(2) of the Judicature (Northern Ireland) Act 1978 when appropriate – sentence left undisturbed.
[2016] NICA 17 McBride J
Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.
2015 NICA 15 Girvan LJ
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.
[2014] NICA 6 Coghlin LJ
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.
[2013] NICA 73 Coghlin LJ
Appeal against 3 year sentence for 48 offences (incl. firearms offences) committed from 1992 to 2007 - member of loyalist paramilitary organisation - whether there should be discount for mitigating circumstances in applicant’s personal life - whether custodial sentences should have been suspended – appeal dismissed – specific guidance on the sentencing of defendants who have assisted the Police (ss. 73-76 Serious Organised Crime and Police Act 2005) annexed to judgment.
[2013] NICA 8 Morgan LCJ
Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.
[2008] NILST 13 Kerr LCJ
Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.
[2008] NILST 9 Kerr LCJ
Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.
[2008] NILST 8 Kerr LCJ
Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.
[2008] NILST 12 Kerr LCJ
Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.
[2008] NILST 7 Kerr LCJ
Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.
[2008] NILST 6 Kerr LCJ
Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.
[2008] NILST 14 Kerr LCJ
Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.
[2008] NILST 11 Kerr LCJ
Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.
[2008] NILST 5 Kerr LCJ
Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.
[2008] NILST 10 Kerr LCJ
Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.
[2008] NILST 3 Kerr LCJ
Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years.
[2008] NILST 2 Kerr LCJ
Terrorist murders of two men - killed because of religion - planned to some extent - firearms used - higher starting point - terrorist murders, victims; one victim killed partly to prevent his giving information - plea of guilty - suggestion of remorse - tariff fixed at 18 years.
[2008] NILST 1 Kerr LCJ
Murder - male victim - burglary - attack planned - weapon used - accepted that offender intended only to inflict grievous bodily harm rather than to kill - higher starting point case - tariff fixed at 17 years.
[2007] NILST 9 Kerr LCJ