King v Sharyar Ali
This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.
[2023] NICA 20 Keegan LCJSearch decision and choose filters to show only the results you want
This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.
[2023] NICA 20 Keegan LCJ
Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed or proven - leave granted – sentences reduced
Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.
This judgment serves as a guide for sentencing in murder cases which involve domestic violence and are characterised by a prior, prolonged history of domestic violence.
[2023] NICA 3 Keegan LCJ
Appeal against sentence – convicted of murder of a senior prison officer and causing an explosion with intent to endanger life – joint enterprise – mandatory life sentence with 22 year minimum term prior to release at first instance – appeal against minimum tariff of 22 years – application to extend time – whether trial judge was wrong to conclude that there was nothing by way of personal mitigation giving rise to a reduction in sentence - R v McCandless [2004] NICA 1 confirmed as leading authority on sentencing in murder cases – high culpability – high harm – case fell within the very serious category – planned – politically motivated – use of explosive device a highly aggravating factor – terrorist crimes involving serving police or prison officers can expect sentences of upwards of 20 years – personal mitigation is likely to be of limited if any value – no merit in appeal - application to extend time refused - appeal dismissed
[2022] NICA 30 Keegan LCJ
Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.
[2020] NICA 22 Morgan LCJ
Murder x 2 – whether reduction in tariffs for guilty plea appropriate –guidance given on range of appropriate discount and approach to be taken by sentencers.
[2017] NICA 52 Morgan LCJ
Application to extend time for leave to appeal sentence – murder – 20 year tariff – Plus: 1. attempted murder; 2. possession of shotgun; and, 3. handgun both with intent to endanger life – discretionary life sentences with concurrent tariffs of 20 years’ imprisonment for each offence. Planned professional killing – McCandless reaffirmed – extension of time refused on murder count and tariff on mandatory life sentence left undisturbed – tariffs of 10, 8 & 8 years’ imprisonment respectively substituted in the remaining offences extension of time and leave having been granted on those counts.
[2017] NICA 4 Morgan LCJ
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
Further guidance on the steps to take in assessing the appropriate minimum term in mandatory life sentences.
[2011] NICA 24 Hart J
Credit to be given for period of foreign detention relating to subject crime.
[2010] NICA 12 Morgan LCJ
Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.
[2009] NICA 4 Kerr LCJ
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
Correct approach to guidance contained in Practice Statement.
[2004] NICA 33 Kerr LCJ
Adoption of Practice Statement of Lord Woolf CJ.
[2004] NICA 1 Carswell LCJ
Disparity
[2003] NICA 21 Carswell LCJ
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 MacDermott LJ
Armed robbery - length of sentence - co-accused pleading not guilty at time appellants sentenced - co-accused subsequently pleading guilty to aiding and abetting, counselling and procuring armed robbery - co-accused sentenced to shorter prison terms than appellants - disparity in sentences - whether appellant's sentences should be reduced - whether justification for appellant's sense of grievance.
[1995] NIJB 66 Hutton LCJ
Terrorist Offences - attempted murder - possession of firearms with intent - disparity between sentences of co-accused - accused charged with committing a number of offences - concurrent sentences.
R v Douglas 050595 Hutton LCJ
Disparity - principles to be applied - appellant convicted of several counts of burglary after admitting offences some of which had been committed with associate - appellant receiving same sentence as associate even though committing less crimes and stealing less property - whether disparity grounds for reduction of appellant's sentence and whether unfair to appellant.
[1994] NIJB 31 Carswell LJ