Sentencing Guidelines - Offences

21 judgments

02 December 2008

R v Paul McMillan

First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.

[2008] NICC 40
Hart J
29 September 2008

R v Mark John Rush

Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.

[2008] NICA 43
Coghlin LJ
22 September 2008

R v James Junior McKinstry Craig

Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.

[2008] NILST 13
Kerr LCJ
03 September 2008

R v John Smith

Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.

[2008] NILST 9
Kerr LCJ
05 August 2008

R v Samuel Shannon

Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.

[2008] NICA 38
Campbell LJ
21 July 2008

R v Damien Gibbons, Declan Stilges and David Martin Crone. AG's Ref (No 1 of 2008)

Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.

[2008] NICA 41
Kerr LCJ
17 July 2008

R v Christopher McMillan

Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.

[2008] NILST 8
Kerr LCJ
16 July 2008

R V Christopher McGinn. AG Ref (No. 2 of 2008)

Death by dangerous driving - youth of driver - mitigation.

[2008] NICA 40
Kerr LCJ
27 June 2008

R v Trevor Hamilton

Conditions justifying imposition of whole life tariff

[2008] NICA 27
Kerr LCJ
26 May 2008

R v Nicholas Evans

Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.

[2008] NILST 12
Kerr LCJ
23 May 2008

R v Jonathan Gerard Patrick Turley

First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).

[2008] NICC 18
Hart J
23 May 2008

R v Daniel McArdle

-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861 -Protective element under article 20 of the Criminal Justice (NI) Order 1996 -Previous good character and youth to be taken into account - Totality/proportionality

[2008] NICA 29
Kerr LCJ
19 May 2008

R v William Campbell

Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.

[2008] NILST 6
Kerr LCJ
19 May 2008

R v William Murphy

Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.

[2008] NILST 7
Kerr LCJ
01 April 2008

R v Andrew Neville Browne

Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.

[2008] NILST 11
Kerr LCJ
01 April 2008

R v Victor Graham

Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.

[2008] NILST 14
Kerr LCJ
06 March 2008

R v Stephen Geoffrey Irwin

Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.

[2008] NILST 5
Kerr LCJ
04 March 2008

R v William Sloan

Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.

[2008] NILST 10
Kerr LCJ
27 February 2008

R v Trevor James Leslie McKeown

Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.

[2008] NILST 3
Kerr LCJ
24 January 2008

R v John Kerr

Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years.

[2008] NILST 2
Kerr LCJ

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