Sentencing Guidelines - Offences

7 judgments

16 December 2011

R v James John Stewart Caswell

Causing grievous bodily injury by dangerous driving – need for sentencing court to establish factual basis of plea – proper approach to use of Guidelines – culpability rarely judged by consequence being serious injury rather than death.

[2011] NICA 71
Morgan LCJ
07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64
Morgan LCJ
29 September 2011

R v J Crolly

Guidance on the correct approach to sentencing for manslaughter on the basis of diminished responsibility.

[2011] NICA 58
Higgins LJ
07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42
Morgan LCJ
30 June 2011

R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle

Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.

[2011] NICA 31
Girvan LJ
23 June 2011

R v Morrin

Further guidance on the steps to take in assessing the appropriate minimum term in mandatory life sentences.

[2011] NICA 24
Hart J
25 May 2011

R v William Brady

Social security fraud - review of sentencing decisions in this area - imposition of compensation order.

[2011] NICA 4
Girvan LJ