Sentencing guidelines - Offences

28 results

24 May 2004

R v Karen Elizabeth Carson [2004] NILST 3

Murder - husband victim - single stab wound to chest - intoxicated - initially alleged third party attack - then claimed self-defence - evidence prisoner had a violent temper - previously offered money to friend to murder her husband - normal starting point - a dispute between two people known to each other - still maintains that it was drunken accident - killing was a deliberate act - no pre-meditation - little evidence of genuine remorse - contested her guilt over two trials - tariff fixed at 12 years.

[2004] NICC 5 Kerr LCJ

24 May 2004

R v Darren Larmour [2004] NILST 2

Murders - two paramilitary gun murders - convicted on his own confession - higher starting point - planned and pre-meditated - illegal firearms - armed in advance - undoubted intention to kill - medical condition - full admission of guilt - youth of offender (21) - tariff fixed at 15 years.

[2004] NICC 4 Kerr LCJ

24 May 2004

R v Stephen Henry McParland

Murder - 33 year old male victim - assaulted after disagreement over £20 debt - denied being present - forensic evidence placed him at scene - higher starting point - culpability exceptionally high - prolonged, merciless assault - intention to kill - strong deterrent element - drinking, not drunk - 3rd person present had attempted to restrain - lengthy criminal record, conviction for violence - contested charge - no evidence of genuine remorse - made progress while in prison - tariff fixed at 16 years.

[2004] NILST 4 Kerr LCJ

19 May 2004

R v Victor Kerr

Murder - ex-girlfriend in England - she went to his flat - strangulation - took an overdose - eventually asked neighbours to call ambulance - trial judge imposed tariff of 12 years - reduced by Home Secretary to 10 - normal starting point - attempts to clear the crime scene; attempt at deception by preparation of suicide notes - suggestion of prior domestic violence, but no clear evidence - tariff fixed at 11 years.

[2004] NILST 13 Kerr LCJ

30 April 2004

R v Daniel John O'Connell Attorney General's Reference No 2 of 2004 (AG Ref 1 of 2004)

Rape, attempted rape and indecent assault

[2004] NICA 15 Kerr LCJ

12 March 2004

R v William Desmond Gallagher

Conditions justifying the imposition of discretionary life sentences.

[2004] NICA 11 Kerr LCJ

20 February 2004

R v Zoe Lynne Pearson Attorney General's Reference Number 1 of 2004 (AG Ref 17 of 2003)

AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).

[2004] NICA 6 Kerr LCJ

09 January 2004

R v Trevor McCandless, Stephen Anthony Johnston, Paul James Johnston, Samuel Anderson, Kenneth John Scott

Adoption of Practice Statement of Lord Woolf CJ.

[2004] NICA 1 Carswell LCJ