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
Sexual Assault by penetration together with Common Assault, Criminal Damage and Possession of Class B Drug – digital penetration and further degradation of victim in her home accompanied by acts of violence and destruction. Total sentence of 18 months’ imprisonment plus 18 months on licence – appeal refused and sentence upheld – recent definitive Guideline from E&W considered – need for victim’s medical reports to be supported by notes and records underlined.
2015 NICA 48 Treacy 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
Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.
[2013] NICA 39 Morgan LCJ
Credit to be given for period of foreign detention relating to subject crime.
[2010] NICA 12 Morgan LCJ
Application for leave to appeal against activation of suspended sentence - whether should be credit for time spent on remand before suspended sentence was handed down.
R v Price 150597 Carswell LCJ
Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.
[1993] 7 NIJB 78 Hutton LCJ
Defendants assaulted police officers in an effort to escape after committing burglary - distinction between attempt to resist arrest and intent to inflict grievous bodily harm - concurrent and consecutive sentence - whether sentence for initial offence should be fixed independently of assault - whether sentence unduly lenient.
[1991] 9 NIJB 72 Hutton LCJ
Suspended sentence - activation - factors to be taken into account by Court - whether sentence should be activated in its entirety.
R v Gouldie 081191 Hutton LCJ
Suspended sentence - offence committed towards end of operational period of two suspended sentences to which appellant subject to - whether account should be taken of proximity to end of suspended sentence.
R v McGrath 120190 Hutton LCJ
Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - poor record of appellant and tragic background and history.
R v England 081289 Hutton LCJ
Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - appeal - principles to be applied.
R v Ferguson 130589 Lowry LCJ