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
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
Offences of depositing, keep and treating controlled waste under Article 4 Waste and Contaminated Land (NI) Order 1997 – aggravating factors correctly identified – starting point should first be identified by sentencers – 12 month determinate custodial sentence (6 & 6) substituted for the earlier 18 month sentence.
[2016] NICA 9 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
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.
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
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