Sentencing Guidelines - Offences
First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.
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.
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.
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.
Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.
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.
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.
Death by dangerous driving - youth of driver - mitigation.
Conditions justifying imposition of whole life tariff
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.
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).
-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
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.
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.
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.
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.
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.
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.
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.
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.