Sentencing guidelines

In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).

DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years

[2024] NICA 65 Keegan LCJ

18 October 2024

Derry City and Strabane District Council's Application and in the matter of the Grant by the Department for the Economy on 8 May 2019 of Mineral Prospecting Licences to Flintridge Resources Limited and Dalradian Gold Limited Under Section 11 of the Mineral Development Act (Northern Ireland) 1969

[2024] NIKB 84 McBride J

14 October 2024

Sentencing guidelines

372 results

King v Darryn Armstrong and Jade Dempsey

In the matter of an inquest into the death of Francis Bradley

JR328 Application for Judicial Review

The King v NF

Attorney General for Northern Ireland and Kieran Rafferty

Donna Arthurs and The Chief Constable of The Police Service of Northern Ireland

Summary of Judgment - R v John Paul Whitla

Henry (Danielle) Application for Judicial Review

A Father and A Mother (In the matter of NI, a male child aged 12 years, No 3) - In the matter of NI (A male child aged 12 years) (No 3)

Jody Nesbitt and Diana Nesbitt and Land and Property Services

The King v John Paul Whitla

The King v Peter McCartney

Bryson's (Jamie) Application (Leave stage)

The King v Glas-Seal (NI) Ltd

A Health and Social Care Trust and A Mother and A Father

Nolan (Kevin Barry) Application for Judicial Review

Derry City and Strabane District Council's Application and in the matter of the Grant by the Department for the Economy on 8 May 2019 of Mineral Prospecting Licences to Flintridge Resources Limited and Dalradian Gold Limited Under Section 11 of the Mineral Development Act (Northern Ireland) 1969

JR194 Application for Judicial Review (No 2)

NI Policing Board v Gortalowry Developments Ltd

Short Brothers PLC v AAR CORP.