Sentencing Guidelines - General Sentencing Issues

5 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
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 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
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
11 September 2014

R v Francis Newell

Armed robbery of post office - 4 year's imprisonment deemed manifestly inadequate and increased to 8 years' imprisonment - factors pertinent to an increase in sentence - was the sentence determined on a wrong principle or manifestly inadequate having regard to all circumstances and factors - section 15 Criminal Appeal Act (NI) 1968/section 4 Criminal Appeal Act (NI) 1980 [NB: This case, which is of significance to the Court of Appeal, is not reproduced here.]

[2014] NICA 87
Morgan LCJ