Sentencing guidelines - Life Sentences – Mandatory

15 results

21 October 2024

The King v John Paul Whitla

In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).

DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years

[2024] NICA 65 Keegan LCJ

03 May 2024

The King v Stephen McKinney

This judgment provides guidance to sentencers dealing with murder cases in a domestic context where coercive and controlling behaviour is established. (See in particular paragraphs [2], [34], [52] and [66]).

Application for leave to appeal a mandatory life sentence with a minimum tariff of 20 years – murder of appellant’s wife – whether tariff manifestly excessive – court reiterated the position that pre-existing coercive and controlling behaviour is an aggravating factor that will result in higher sentences when domestic murders of this kind occur - sentences of 20 years and possibly more will be upheld – appeal dismissed

[2024] NICA 35 Keegan LCJ

05 April 2023

King v Sharyar Ali

This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.

DPP reference – whether sentence unduly lenient – murder of an 11 month old child – tariff of 13 years following a “Rooney” indication and after a guilty plea – child subjected to forceful assault – severe trauma to head – rib fractures – multiple blunt blows – whether judge afforded sufficient weight to aggravating factors – whether judge afforded too much weight to mitigating factors – whether reduction for guilty plea was too generous – leave granted – reference allowed – sentence quashed and replaced with a revised tariff of 16 years.

[2023] NICA 20 Keegan LCJ

20 January 2023

King v William Hutchison

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.

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.

Renewed application for leave to appeal a 21 year minimum term imposed in connection with a mandatory life sentence following a late plea to murder – femicide case involving significant domestic violence – whether the judge erred in law when determining the appropriate sentence prior to adjustment for the plea – whether the judge failed to take into account certain factors as mitigation and made insufficient allowance for a guilty plea – court held judge did not fall into error of double counting – the applicant had a history of violence against previous partners – deliberately chose not to summon medical assistance – sentence transparent – no mitigation save for reduction for plea – no basis to interfere with the level of reduction granted – no remorse – leave refused – appeal dismissed.

[2023] NICA 3 Keegan LCJ

01 June 2022

Queen v Christopher Robinson

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

17 April 2020

R v Haggarty

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

19 September 2017

Regina v Turner (William) & Turner (James Henry)

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

25 January 2017

R v Peter Greer

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

14 October 2014

R v Wootton & McConville

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

23 June 2011