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Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.
[2008] NICA 41 Kerr LCJ
Robbery - youth offender - consecutive or concurrent sentences.
[2007] NICA 16 Kerr LCJ
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
AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).
[2004] NICA 6 Kerr LCJ
Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.
[2003] NICA 32 Carswell LCJ
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 MacDermott LJ
Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).
R v McKeown, Logal, Glasgow 181297 MacDermott LJ
Attempted robbery and assault - "mugging" - young offender.
R v Benson 230597 MacDermott LJ
Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.
R v Henderson 080396 Carswell LCJ
Robbery or attempted robbery from elderly person in own home - R -v- Ferguson guidelines - distinguishing features.
Gibson 100395 MacDermott LJ
Robbery with violence - mitigating factors - alcoholic - plea of guilty.
R v O'Neill & Archibald 280193 Kelly LJ
Attempted robbery and assault occasioning actual bodily harm - imprisonment for 14 and 12 years - elderly victim - savage and prolonged attack - deterrent sentences - appropriate discount for late plea of guilty - accused alcoholic - whether relevant that accused under influence of drink - whether excessive or wrong in principle.
[1992] NIJB 26 Hutton LCJ
Armed robbery with violence - use of firearm or imitation firearm - elderly couple in own home - guideline sentences.
Ferguson 210489 O'Donnell LJ
Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.
[1984] 13 NJB Gibson LJ