Sentencing Guidelines - Sexual Offences

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3 judgments

26 November 2015

R v MH

Appeal against sentence – rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 (19 years’ imprisonment) and attempted rape (15 years) plus 46 other counts (9 counts of gross indecency 2 years’ imprisonment, 9 of common assault 12 months, 8 of false imprisonment 9 years, 4 of threats to kill 9 years, 7 of indecent assault 9 years and 9 of cruelty to children 7 years all concurrent – whether sentence wrong in principle/manifestly excessive having regard to the Sentencing Council Guidelines and NI Guidelines – whether there had been inadequate deduction because of delay - whether there had been a failure to have regard to the absence of offending from 2004 – McCaughey and Smith approach to Sentencing Council Guidelines reaffirmed and appeal dismissed.

2015 NICA 67
Weatherup LJ
30 June 2015


Sexual Assault by penetration together with Common Assault, Criminal Damage and Possession of Class B Drug – digital penetration and further degradation of victim in her home accompanied by acts of violence and destruction. Total sentence of 18 months’ imprisonment plus 18 months on licence – appeal refused and sentence upheld – recent definitive Guideline from E&W considered – need for victim’s medical reports to be supported by notes and records underlined.

2015 NICA 48
Treacy J
25 March 2015

R v Gerard McCormick

Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.

2015 NICA 14
Morgan LCJ