R v Paul McMillan
First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.
[2008] NICC 40 Hart J12 results
R v Mark John Rush
Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.
[2008] NICA 43 Coghlin LJ
R v Samuel Shannon
Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.
[2008] NICA 38 Campbell LJ
R v Damien Gibbons, Declan Stilges and David Martin Crone. AG's Ref (No 1 of 2008)
Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.
[2008] NICA 41 Kerr LCJ
R V Christopher McGinn. AG Ref (No. 2 of 2008)
Death by dangerous driving - youth of driver - mitigation.
[2008] NICA 40 Kerr LCJ
R v Trevor Hamilton
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ
R v Daniel McArdle
-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality
R v Jonathan Gerard Patrick Turley
First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).
[2008] NICC 18 Hart J
R v William Sloan
Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.
[2008] NILST 10 Kerr LCJ
R v Trevor James Leslie McKeown
Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.
[2008] NILST 3 Kerr LCJ
R v John Kerr
Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years.
[2008] NILST 2 Kerr LCJ
R v Robert William Molyneaux
Terrorist murders of two men - killed because of religion - planned to some extent - firearms used - higher starting point - terrorist murders, victims; one victim killed partly to prevent his giving information - plea of guilty - suggestion of remorse - tariff fixed at 18 years.
[2008] NILST 1 Kerr LCJ