Sentencing guidelines

Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed nor proven - leave granted – appeals allowed - sentences reduced.

Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.

[2023] NICA 11 McCloskey LJ

24 February 2023

Sentencing guidelines

Sentencing guidelines

7412 results

Worton's (Colin) Application (Leave Stage) and In the matter of a decision by the Justice Minister

Summary of Judgment - In re Denise Mullan

Mullan (Denise) Application for Judicial Review and in the matter of decisions of The Department of Justice and Denise Mullan and Department of Justice and John McNeice and Garfield Beattie

Chadwick (Justin) and Harvison's (Andrew) Application and in the matter of decisions of The Northern Ireland Policing Board

Historic Royal Palaces and Piperhill Construction LTD

Avelina Ximines Belo's Application and in the matter of a decision by The Secretary of State for The Home Department

Joel De Deus's Application (leave Stage) and in the matter of a decision by the Secretary of State for the Home Department

SS (Appellant) and The Department of Finance (Respondent)

Eamon Flanagan (Appellant) and The Commissioner of Valuation for Northern Ireland (Respondent)

Gavin McKenna and Ministry of Defence

JR249's Application (Leave Stage)

McAleenon's (Noeleen) Application

In the matter of an inquest into the deaths of Dougal, Butler, Fitzpatrick, McCafferty and Gargan (‘The Springhill Inquest’) - Ruling (Number 1) On the Ministry of Defence request for documentation to be sought by the Coroner

Brent Larmour and Joan Larmour

Summary of Judgment - R v Gerard McKenna

King v Qing Wen Lin, Long Quang Lin Lin Zheng, Zhu Lin & Yang Wu Chen

King v Gerard McKenna

CD and EF and in the matter of AB (A minor)

CAO v Secretary of State for the Home Department

JR 231 Application for Judicial Review