R v Leon Owens
Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.
[2011] NICA 48 Morgan LCJ89 results
R v Mark Francis Kennedy & Stephen Kennedy
Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.
[2011] NICA 42 Morgan LCJ
R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle
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
R v E B
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.
[2010] NICA 40 Morgan LCJ
R v Wong Sui Ching
Credit to be given for period of foreign detention relating to subject crime.
[2010] NICA 12 Morgan LCJ
R v CK a minor
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
Attorney General's Reference (Number 1 of 2009) Gareth McCaughan
How sentencers should approach the issue of custody probation.
[2009] NICA 2 Kerr LCJ
R v Alan Stewart
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
R v D O
Rape, Buggery, Totality
[2006] NICA 7 Kerr LCJ
Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
[2005] NICA 44 Kerr LCJ
R v Charles Malachy Oliver Pollock
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
R v Sean Kenneth Murphy
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
[2005] NICA 32 Campbell LJ
R v Peter Joseph McKiernan
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.
[2004] NICA 18 Kerr LCJ
R v Patrick Joseph Murdock
Disparity
[2003] NICA 21 Carswell LCJ
R v Colin Hughes
Activation of earlier suspended sentence - totality.
[2003] NICA 17 Carswell LCJ
R v John Paul Patrick Francis McDonnell
Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.
[2000] 2453 Carswell LCJ
R v Daniel Lunney
Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.
R v Lunney 260399 Girvan LJ
Attorney General's Reference (No 1 of 1998) (McElwee)
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
[1998] NIJB 64 Carswell LCJ
R v McShane
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
[1998] NIJB 64 Kerr J