Sentencing guidelines - Violent Offences

39 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

05 December 2022

The King v ZB

Guidance provided on sentencing for two equally serious offences on a concurrent basis applying the totality principle - GBH with intent – sexual assault by penetration of a 12 day old baby – sentence of 19 years imprisonment plus an extended period five years - whether manifestly excessive – starting point – dangerousness - culpability and harm high – whether premeditation – no mitigation save for guilty pleas – sentence not manifestly excessive – exceptional circumstances – appellant provided no explanation or offered remorse – appeal dismissed.

[2022] NICA 69 Keegan LCJ

26 October 2022

The King v Filippo Sangermano

actual bodily harm – stabbing with nail scissors – whether sentence manifestly excessive and/or wrong – whether level of culpability unsupported by basis of plea – finding of dangerous – whether VOPO necessary – terms of extended custodial sentence licence – right to a fair trial – burden of proof on prosecution in sentencing process – compilation of pre-sentence reports – duties owed by counsel to sentencing court – emphasis on the importance of the accuracy of the basis of plea document – court adopted the principles in R v Cairns [2013] EWCA Crim 467 - appeal allowed.

[2022] NICA62 Fowler J , McBride J , McCloskey LJ

07 March 2022

Queen v Niall Shebani

unlawfully displaying force and making an affray - grievous bodily harm with intent and possession of an offensive weapon – whether starting point too high - 33 previous criminal convictions in Republic of Ireland - medium likelihood of reoffending - knife – whether starting point of nine years is excessive - judge may have incorrectly described it as a starting point - significant aggravating factors - duration of incident limited - sentence not manifestly excessive – appeal dismissed

[2022] NICA 9 McFarland J

07 March 2022

Queen v Christopher Hughes

guidance in relation to sentencing in cases involving multiple incidents of domestic violence - Using motor vehicle without insurance, Assault occasioning actual bodily harm, Common assault, Attempted criminal damage, Possession of an offensive weapon - other convictions and caution for common assault against mother and partner - pending prosecutions in Republic of Ireland - consideration of aggravating and mitigating factors together to reach starting point prior to discount for plea - overall not manifestly excessive - appeal dismissed.

[2022] NICA 12 Keegan LCJ

18 December 2020

R v Stewart (Jason Robert William)

renewed application for leave to appeal a determinate custodial sentence - Assault Occasioning Actual Bodily Harm – strangulation - starting point - discount for the plea - whether discount should have been applied because of the Covid pandemic – appeal dismissed

[2020] NICA 62 Morgan LCJ

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA 25 Stephens LJ

12 January 2018

R v Fegan (Darren)

appeal against determinate sentence of 13½ years with extended licence period of 3 years – s. 18 GBH with intent to a 2 year old child – violent punch to head – significant brain injury and right-sided hemiplegia – wheelchair bound and visually impaired – sentence not manifestly excessive – appeal dismissed – McAuley and Seaward distinguished – court underlined vulnerability of very young children

[2018] NICA 2 Morgan LCJ

14 December 2016

R v Mandy Louise O'Toole

Appeal against sentence - AOABH contrary to s. 47 OAPA 1861 - 4 year sentence (2 in custody and 2 on licence) - whether starting point excessive - whether route to sentence unconventional/at risk of double counting - whether sufficient discount for plea - whether sufficient weight given to indicators of positive change - whether failure to take adequate account of fact that offence could have been prosecuted summarily - Appeal allowed - appellant pregnant - 'significant factors' meant a 2 year probation order would be substituted.

[2016] NICA 59 Weir LJ

12 April 2016

R v Alan McDonald

Appeal against sentence - historic sexual abuse - discretionary life sentence - whether necessary to make finding of unstable character - whether offences sufficiently grave - whether likely future offending must be sex offences - whether alternative protective sentence could be imposed - appeal dismissed.

[2016] NICA 21 Weatherup LJ

05 November 2015

R v Brian Mongan

Wounding with intent to commit GBH (ECS 9 plus 3) threats to kill (9 plus 1 concurrent) – both lower harm and lower culpability required for lower starting point in s.18 OAPA 1861 offence – McAuley and Seaward guideline clarified – however sentencing court’s starting point here of 11yrs. was too high in a case of low harm – 9 yr. custodial element reduced to 7 – dangerousness finding approved and 3 yr. extension left undisturbed.

2015 NICA 65 Morgan LCJ

21 September 2015

R v Raymond Brownlee (Sentencing)

Wounding with intent X2; common assault X2; and false imprisonment – domestic violence – culpability high but degree of harm low – ECS of 6 plus 4 for each wounding – court underlined need to identify domestic setting as aggravating feature – dangerousness considered – delay between conviction and sentence held to be breach of Article 6 but aggravation outweighed this – appeal refused.

2015 NICA 58 Morgan LCJ

17 June 2015

R v Paul Joshua Balmer & Paula Wilson

AOABH contrary to s. 47 OAPA 1861 and common assault (co-def. aiding and abetting) – shaving victim’s hair and eyebrows while she was in alcohol induced stupor – done over two nights – striking her on the face – filming/photographing the offending – 5 year ECS manifestly excessive and replaced with determinate 4 year sentence.

2015 NICA 40 Coghlin LJ

17 October 2014

R v W

Multiple counts of cruelty/neglect/assault on and gross indecency with the female offender’s children – necessity to protect children/deter those who might cause them injury – cases of repeated actions more serious than single incident – combination of consecutive/concurrent sentences – regard to totality principle which can be arrived at by different routes – no error in sentencing detected – appeal refused.

[2014] NICA 71 Girvan LJ

28 June 2013

R v Todd Newton, Ruari Doey and Steven Doherty Director of Public Prosecution’s Reference (numbers 8, 9 & 10 of 2013)

Reference by DPP - attempted grievous bodily harm with intent – gratuitous violence by young males 2 of the 3 still children – s. 53 Justice (NI) Act 2002, Art. 45(2) Criminal Justice (Children) (NI) Order 1998 and Beijing Rules all considered - sentences substituted.

[2013] NICA 38 Morgan LCJ

07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64 Morgan LCJ

07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42 Morgan LCJ

10 November 2010

R v Anthony Joseph McAuley and Paul Ronan Seaward, Director of Public Prosecution’s Reference (Numbers 2 and 3 of 2010)

Section 18 OAPA 1861 - infliction of wanton violence by young males - kicking victim while on the ground - consideration of recent Sentencing Council (E&W) Consultation.

[2010] NICA 36 Morgan LCJ

28 October 2009

R Darryl John Proctor

Offender participating in concerted sectarian attack on group of young Roman Catholic men - one of the group left in low-level, probably vegetative state - reduced life expectancy - late plea - joint enterprise - CPO 12 years plus 1 (total: 13 years).

[2009] NICA 51 Coghlin LJ