R v McGrath
Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.
[2020] NICA 29 Morgan LCJSearch decision and choose filters to show only the results you want
Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.
[2020] NICA 29 Morgan LCJ
Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.
[2019] NICA 23 Stephens LJ
Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated
[2018] NICA 53 Maguire J
False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.
2015 NICA 31 Morgan LCJ
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
Convictions under s. 3(1)(b) of the Explosive Substances Act 1883, and article 58(1) of the Firearms (Northern Ireland) Order 2004 – whether forfeiture order in respect of motorbike lawful – title to the item subject to hire purchase in brother’s name - nemo dat quod non habet – order quashed.
2015 NICA 5 Girvan LJ
Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.
[2014] NICA 83 Coghlin LJ
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.
[2014] NICA 69 Morgan LCJ
Reference by DPP - attempted grievous bodily harm with intent – gratuitous violence by young males 2 of the 3 still children – s. 53 Justice (NI) Act 2002, Art. 45(2) Criminal Justice (Children) (NI) Order 1998 and Beijing Rules all considered - sentences substituted.
[2013] NICA 38 Morgan LCJ
Money laundering offences, forgery, VAT fraud, mortgage fraud and deception - bank accounts in Isle of Man and NI - false identification and documents - whether confiscation order should have included accounts in own name or in fictional names - whether fruits of the accounts not enjoyed - most of monies going to others involved in the criminal enterprise.
[2013] NICA 13 Girvan LJ
This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.
Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.
Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.
[2011] NICA 31 Girvan LJ
Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.
[2009] NICA 17 Kerr LCJ
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.
[2004] NICA 18 Kerr LCJ