Sentencing Guidelines - Offences

7 judgments

18 December 2014

R v Michael Simpson

Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.

[2014] NICA 83
Coghlin LJ
17 October 2014

R v W

Multiple counts of cruelty/neglect/assault on and gross indecency with the female offender’s children – necessity to protect children/deter those who might cause them injury – cases of repeated actions more serious than single incident – combination of consecutive/concurrent sentences – regard to totality principle which can be arrived at by different routes – no error in sentencing detected – appeal refused.

[2014] NICA 71
Girvan LJ
14 October 2014

R v Wootton & McConville

Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.

[2014] NICA 69
Morgan LCJ
12 September 2014

R v Thomas McCaughey and Martin Smyth

Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending.

[2014] NICA 61
Morgan LCJ
12 September 2014

R v Paul Pollins

Appeal against sentence – aggravated burglary and criminal damage – use of indeterminate custodial sentence – disposal of last resort – necessity of prior inquiry: can public protection be achieved under extended sentence scheme? – appeal allowed and extended sentence substituted.

[2014] NICA 62
Morgan LCJ
31 January 2014

R v Patricia McGrade

Application for leave to appeal against sentence – careless driving causing death having consumed excess alcohol – 3 years’ determinate custodial sentence – 18 months’ custody/18 months’ licence – level of consumption of alcohol aggravating factor – leave refused.

[2014] NICA 8
Morgan LCJ
24 January 2014

Ryan McDowell, Attorney General's Reference (No 17 of 2013)

Making/possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – DPP’s Reference – sectarian motivation – 2 years’ probation and 100 hours’ community service – sentencing recommendation in victim impact statements not to form basis for reassessing sentencing – while deterrent custodial sentences normally required for sectarian violence the individual circumstances meant the sentence should not be interfered with.

[2014] NICA 6
Coghlin LJ