Sentencing Guidelines - Offences

11 judgments

05 December 2003

R v Robert Black

Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.

[2003] NICA 51
Carswell LCJ
05 December 2003

R v Andre Shoukri

Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.

[2003] NICA 53
Kerr J
14 November 2003

R v Terence Joseph Ritchie

AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.

[2003] NICA 45
Higgins J
31 October 2003

R v John Anthony Deery Attorney General's Reference (No 16 of 2003)

Indecent assault - several child victims over many years - concurrent/consecutive sentences

[2003] NICA 44
Weir J
31 October 2003

Reference by Her Majesty’s Attorney General for Northern Ireland (no 9 of 2003)

Unduly lenient sentence - rape and indecent assault - totality

[2003] NICA 41
Carswell LCJ
29 September 2003

Richard Herbert Crowe - Attorney General's Reference (No 5 of 2003)

Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.

[2003] NICA 38
Carswell LCJ
16 September 2003

R v Ryan Thomas John Flynn AG Ref (No.3 of 2003)

Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.

[2003] NICA 32
Carswell LCJ
11 July 2003

AG for NI (no 2 of 2003) (Gavin James Robinson) AG for NI (no 6 of 2003) (Graeme Humphreys) AG for NI (no 7 of 2003) (Colm Peter McGuone) AG for NI (no 8 of 2003) (Dean Noel James)

Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink.

[2003] NICA 28
Carswell LCJ
20 June 2003

R v Peter Murray & Christopher Armstrong

Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.

[2003] NICA 24
Carswell LCJ
06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21
Carswell LCJ
03 April 2003

R v Brian Anthony Edwards

Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.

]2003] NICA 11
Nicholson LJ