Sentencing guidelines - Theft and other Dishonest Offences

25 results

28 June 2024

The King v Kenneth Clarke and Jamie McConnell

DPP reference – whether sentences unduly lenient - conspiracy to steal, commit arson and to commit criminal damage – theft of machinery to damage property with the forced removal of ATMs from commercial properties - case mistakenly presented to the judge on basis the headline offence was conspiracy to commit theft attracting a max sentence of ten years - judge in error as to lower starting point – substituted a sentence of seven years and six months in case of Clarke – reference allowed - reference in case of McConnell dismissed – sentences in this area must be deterrent – prosecutors should consider charging for separate offences where possible - guidance provided in cases involving multiple incidents at para [41]

4[2024] NICA 52 Keegan LCJ

12 April 2024

The King v O'Loughlin

This is the first Encrochat sentencing judgment in NI.

Crown Court sentencing remarks – various drug offences - Proceeds of Crime Act offences – firearms offences – conspiracy to cause GBH – conspiracy to commit murder - material obtained from the Encrochat network by the NCA through a joint French and Dutch police investigation – 12 years imprisonment.

[2024] NICC 12 His Honour Judge Rafferty KC

10 November 2023

The King v Francis Devlin

Renewed application for leave to appeal a sentence of four years’ imprisonment – four counts of conspiracy to cheat the public revenue – sole issue of impact of imprisonment on applicant’s son – whether sentence should be suspended – Court of Appeal approved the application of the guidance in R v Petherick [2012] EWCA Crim 2214 in NI – circumstances not so exceptional to merit a suspension – public interest in deterrence – appeal dismissed

[2023] NICA 71 Keegan LCJ

17 February 2020

R v Coleman

First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.

[2020] NICC 5 His Honour Judge McFarland

17 June 2016

R v Paul Mahoney

Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.

[2016] NICA 27 Morgan LCJ

22 May 2015

R v Donna McCool and Michael Harkin

False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.

2015 NICA 31 Morgan LCJ

27 March 2015

R v Connor Joseph Hamilton

Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.

2015 NICA 15 Girvan LJ

22 November 2013

R v Rafal Tomasz Rymacki and Krzystof David Jankowski

First instance sentencing remarks.

[2013] NICC 20 His Honour Judge McFarland

18 January 2013

R v Ashok Kumar

First instance sentencing remarks – guidance pending Court of Appeal deliberation – carrying dutiable goods with intent to defraud contrary to Section 170 of the Custom & Excise Management Act 1979 – consideration of relevant Sentencing Council (E&W) Guideline and categories.

[2013] NICC 12 His Honour Judge McFarland

30 June 2011

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

25 May 2011

R v William Brady

Social security fraud - review of sentencing decisions in this area - imposition of compensation order.

[2011] NICA 4 Girvan LJ

28 May 2010

R v Thomas Corrigan

Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.

[2010] NICA 23 Morgan LCJ

21 December 2007

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

09 March 2007

Niall David McGonigle. AG's Ref (No. 6 of 2006)

Robbery - youth offender - consecutive or concurrent sentences.

[2007] NICA 16 Kerr LCJ

15 November 2004

R v Gavin David McCartan

Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.

[2004] NICA 43

19 February 2002

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

20 June 1997

R v Michael Blair

Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.

R v Blair 200697 Carswell LCJ

06 June 1997

R v Brian Agnew

Conspiracy to defraud, false accounting and providing false information - mortgage fraud - whether trial judge attached sufficient weight to circumstances behind motive for committing the offences - use of transactions to re-finance appellant's debt - whether should be dealt with by "clang of prison gates" sentencing principle.

R v Agnew 060697 Carswell LCJ

23 May 1997

R v Daniel Joseph McClean

Possession of counterfeit money with intent and lawful excuse - disparity of sentence between co-accused.

R v McClean 230597 MacDermott LJ

07 February 1997

R v Joanne Conlon

Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.

R v Conlon 07021997 MacDermott LJ