Sentencing Guidelines - Offences

20 judgments

19 December 1997

R v Steven McCullough

Assault occasioning actual bodily harm of female - significant degree of disfigurement - whether trial judge erred by drawing comparison to sentencing in "glassing" cases.

R v McCullough 191297
Carswell LCJ
18 December 1997

R v Colin McKeown, Jason Loyal & Robert Glasgow

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
14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197
Kerr J
14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197
Kerr J
10 October 1997

R v Eamon Hugh Molloy

Rape, attempted buggery and indecent assault of pregnant woman in her own home - attack caused "major psychological trauma" to victim - whether 15 years excessive.

1997 NIJB 241
Carswell LCJ
11 September 1997

R v McCullagh

Driving whilst disqualified and dangerous driving - young offender - consecutive sentences - disqualification from driving for life.

CARSWELL LCJ11 JULY 1997
Carswell LCJ
11 July 1997

R v Sean Joseph Carlin

Grievous bodily harm with intent - stamping on head of victim - young offender - maximum period of detention.

R v Carlin 110797
Carswell LCJ
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
11 June 1997

R v Andrew William Coyle

Grievous bodily harm with intent - injured party had part of ear bitten off - sentence in cases of "biting" - "Newton" hearing of disputed facts following applicant pleading guilty on re-arraignment.

R v Coyle 110697
MacDermott LJ
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
23 May 1997

R v Anthony Benson

Attempted robbery and assault - "mugging" - young offender.

R v Benson 230597
MacDermott LJ
02 May 1997

R v Colm McQuilan & Joseph McCormick

Rape of German tourist - aggravating and mitigating factors - guideline cases.

R v McQuillan & McCormick 020597
MacDermott LJ
18 April 1997

R v Darren Boyd

Buggery, indecent assault and gross indecency with young boy - supply of prosecution evidence to defence - objective evaluation of new material - sentencing in child sexual abuse cases.

Darren Boyd 18041997
MacDermott LJ
18 March 1997

R v J.M

Appeal against sentence - rape and sexual abuse of daughter - whether 16 years sentences excessive - deterrent sentences - weight to be given to mental condition of appellant.

R v J.M
MacDermott LJ
21 February 1997

R v D Attorney General's Reference (No.5 of 1996)

Sentencing - rape and indecent assault on Daughter by father - "incestuous rape" and sexual abuse - whether sentence unduly lenient - age of offender and aggravating factors.

R v D AG Ref No.5 of 1996
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
07 February 1997

R v James Kennedy Horrocks

Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution.

R v Horrocks
MacDermott LJ
07 February 1997

R v John Joseph Conlon

Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.

R v Conlon 70297 CarswellLCJ
Carswell LCJ
24 January 1997

R v Patrick Joseph McColgan

Application for leave to appeal against sentence - rape - contested case - aggravating and mitigating factors.

R v McColgan 240197
Carswell LCJ