R V Christopher McGinn. AG Ref (No. 2 of 2008)
Death by dangerous driving - youth of driver - mitigation.
[2008] NICA 40 Kerr LCJ282 results
R v Trevor Hamilton
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ
R v Nicholas Evans
Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.
[2008] NILST 12 Kerr LCJ
R v Daniel McArdle
-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality
R v Jonathan Gerard Patrick Turley
First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).
[2008] NICC 18 Hart J
R v William Murphy
Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.
[2008] NILST 7 Kerr LCJ
R v William Campbell
Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.
[2008] NILST 6 Kerr LCJ
R v Victor Graham
Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.
[2008] NILST 14 Kerr LCJ
R v Andrew Neville Browne
Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.
[2008] NILST 11 Kerr LCJ
R v Stephen Geoffrey Irwin
Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.
[2008] NILST 5 Kerr LCJ
R v William Sloan
Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.
[2008] NILST 10 Kerr LCJ
R v Trevor James Leslie McKeown
Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.
[2008] NILST 3 Kerr LCJ
R v John Kerr
Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years.
[2008] NILST 2 Kerr LCJ
R v Robert William Molyneaux
Terrorist murders of two men - killed because of religion - planned to some extent - firearms used - higher starting point - terrorist murders, victims; one victim killed partly to prevent his giving information - plea of guilty - suggestion of remorse - tariff fixed at 18 years.
[2008] NILST 1 Kerr LCJ
R v William David John McCracken
First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.
[2007] NICC 51 Treacy J
R v Glenn Paul Harwood
Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.
[2007] NICA 49 Higgins LJ
R v Thomas Anthony McCartney
Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance.
[2007] NICA 41 Kerr LCJ
R v George Robert Armstrong
Murder - male victim - burglary - attack planned - weapon used - accepted that offender intended only to inflict grievous bodily harm rather than to kill - higher starting point case - tariff fixed at 17 years.
[2007] NILST 9 Kerr LCJ
R v Stephen Magee
Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.
[2007] NICA 21 Kerr LCJ
R v David John Thompson
Murder - intoxicated 27 year old male victim - died 55 days later - unprovoked and pitiless attack - not a lower starting point case - prisoner's record displayed an aggressive and violent propensity - remorse not evident at trial - progress while in prison - tariff fixed at 15 years.
[2007] NILST 1 Kerr LCJ