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
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
Application to appeal sentence – cultivation of cannabis – abstracting electricity – assisting unlawful immigration – perverting the course of justice – three cannabis factories – strategic control of substantial, sophisticated and highly profitable enterprise – whether sentence for cannabis factory counts too high – whether three year consecutive sentence on top of already stiff sentence manifestly excessive – totality – deterrent sentence of 12 years appropriate – proper global sentence 13 years – leave granted – appeal allowed – sentence perverting the course of justice reduced to 1 year consecutive to other counts – total custodial sentence 13 years
[2022] NICA 78 Fowler J , Horner LJ , 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
appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed
[2019] NICA72 McCloskey LJ
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
DPP reference – Possession of class A/B drugs with intent to supply – significant quantities of class A with high value – 3 defendants – determinate sentences of 5 yrs., 4 yrs., and 3 yrs. (6 custody plus 2½ on licence) – unduly lenient – substituted with 6½ yrs., 5 yrs., and 2yrs. (12 month plus 12 months) – earlier NI guidelines affirmed.
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
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
Possession of Class B drugs – intent to supply and possession of criminal property – cannabis – sentencer entitled to have regard to surrounding circumstances especially cultivation.
[2012] NICA 17 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
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
[2005] NICA 18 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
Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.
[2003] NICA 38 Carswell LCJ