Sentencing Guidelines - Offences

14 judgments

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 November 2007

R v Glenn Paul Harwood

Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.

[2007] NICA 49
Higgins LJ
26 October 2007

R v Thomas Anthony McCartney

Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance.

[2007] NICA 41
Kerr LCJ
16 August 2007

R v George Robert Armstrong

Murder - male victim - burglary - attack planned - weapon used - accepted that offender intended only to inflict grievous bodily harm rather than to kill - higher starting point case - tariff fixed at 17 years.

[2007] NILST 9
Kerr LCJ
15 June 2007

R v Stephen Magee

Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.

[2007] NICA 21
Kerr LCJ
02 April 2007

R v David John Thompson

Murder - intoxicated 27 year old male victim - died 55 days later - unprovoked and pitiless attack - not a lower starting point case - prisoner's record displayed an aggressive and violent propensity - remorse not evident at trial - progress while in prison - tariff fixed at 15 years.

[2007] NILST 1
Kerr LCJ
14 March 2007

R v Adrian Michael Gerard Wilson

Murder - 83 year old widow - burglary - beaten and stabbed - gratuitously violent - house deliberately set on fire - higher starting point - criminal record - progress while in prison - accepts responsibility for stabbing victim - tariff fixed at 15 years.

[2007] NILST 7
Kerr LCJ
12 March 2007

R v Bernard Anthony Noel Wiggins

Murder of two men - extensive multiple injuries - guilty plea four days into trial - not a lower starting point case - degree of planning - armed with iron bar - pressure on co-defendant - reservations about claimed remorse - unfortunate background - claim of provocation - tariff set at 20 years.

[2007] NILST 6
Kerr LCJ
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
23 January 2007

R v Liam John McBride

Murder - 48 year old victim - stabbed 26 times - ex-girlfriend's mother - higher starting point case - planned attack - armed with a knife - preceded by a number of attacks on her - subject of an exclusion order - broke into home - handcuffed two sisters - fully mature - claimed remorse viewed with caution - divergence of medical opinion as to the effect of personality disorder - denied guilt - tariff fixed at 17 years.

[2007] NILST 4
Kerr LCJ
23 January 2007

R v Martin Murphy

Murder - female victim - previous relationship - claimed provoked - sustained attack - multiple stab wounds - obsession with victim - vulnerable personality - higher starting point - medical condition - mature age - tariff fixed at 13 years.

[2007] NILST 3
19 January 2007

R v JR

Proper approach to sentencing in cases of historic familial abuse

[2007] NICA 5
Kerr LCJ
19 January 2007

R v John Hugh Brady

Murder - male RUC Reserve victim - terrorist crime - booby trap under car - drove car containing the device - exploited - gave himself up - confessed role to police - pleaded guilty - no clear evidence of remorse - Re Colin King did not mean that Practice Statement of Lord Woolf was not to be followed - tariff fixed at 15 years.

[2007] NILST 1
Kerr LCJ
19 January 2007

R v Dean Michael Woods

Murder - 26 year old male victim - ambushed in alleyway - not a normal starting point case - intended to carry out a violent attack - armed himself - aimed blows at the victim's head - young age - previous convictions - tariff fixed at 15 years.

[2007] NILST 3
Kerr LCJ