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
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
Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.
2015 NICA 14 Morgan LCJ
Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending.
[2014] NICA 61 Morgan LCJ
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.
[2013] NICA 28 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
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