Sentencing Guidelines - General Sentencing Issues
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.
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.
Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.
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.
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.