R v Robert Black
Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.
[2003] NICA 51 Carswell LCJ282 results
R v Terence Joseph Ritchie
AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.
[2003] NICA 45 Higgins J
Reference by Her Majesty’s Attorney General for Northern Ireland (no 9 of 2003)
Unduly lenient sentence - rape and indecent assault - totality
[2003] NICA 41 Carswell LCJ
R v John Anthony Deery Attorney General's Reference (No 16 of 2003)
Indecent assault - several child victims over many years - concurrent/consecutive sentences
[2003] NICA 44 Weir J
Richard Herbert Crowe - Attorney General's Reference (No 5 of 2003)
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
R v Ryan Thomas John Flynn AG Ref (No.3 of 2003)
Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.
[2003] NICA 32 Carswell LCJ
AG for NI (no 2 of 2003) (Gavin James Robinson) AG for NI (no 6 of 2003) (Graeme Humphreys) AG for NI (no 7 of 2003) (Colm Peter McGuone) AG for NI (no 8 of 2003) (Dean Noel James)
Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink.
[2003] NICA 28 Carswell LCJ
R v Peter Murray & Christopher Armstrong
Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.
[2003] NICA 24 Carswell LCJ
R v Patrick Joseph Murdock
Disparity
[2003] NICA 21 Carswell LCJ
R v Brian Anthony Edwards
Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.
]2003] NICA 11 Nicholson LJ
R v Anthony Andrew Megarry
Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.
[2002] NICA 62 Carswell LCJ
R v John Hunter
First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.
[2002] NICC 14 Hart J
R v Colin Victor McDonald
Attempted murder - rape - destruction of unborn child - offender repeatedly striking girlfriend with stair spindle - throwing her down stairs - dragging her upstairs by hair - multiple stabbing - raping her - later striking her with vacuum cleaner hose and stamping on her head - 22 years on a contest.
[2001] NICA 52 Carswell LCJ
R v Alan Jones
s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants
[2001] NICA 55 Campbell 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 Seamus Gerard Mullan
Causing death by careless driving when under influence of drink - salient factors to the extent of the carelessness - "hit and run" accident - plea of guilty.
Mullan 240498 MacDermott LJ
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
R v Philip Coates
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 MacDermott LJ
R v David Thomas McIlwaine
Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.
R v Mcilwaine MacDermott LJ 11.03.98 MacDermott LJ
R v O'Keefe
Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.
Gary John O'Keefe 16/02/1998 MacDermott LJ