Sentencing Guidelines - Offences
Offender pleaded guilty to manslaughter at commencement of retrial for murder (of his grandfather) - aged 16 at the time - went to grandfather's home to get money - grabbed grandfather by neck probably causing death - offender armed with knife - two puncture wounds on deceased's neck.
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.
R v Anthony Joseph McAuley and Paul Ronan Seaward, Director of Public Prosecution’s Reference (Numbers 2 and 3 of 2010)
Section 18 OAPA 1861 - infliction of wanton violence by young males - kicking victim while on the ground - consideration of recent Sentencing Council (E&W) Consultation.
Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003.
Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.
Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline.
Credit to be given for period of foreign detention relating to subject crime.