Sentencing Guidelines - Offences

260 judgments

17 January 1991

Attorney General's Reference (No 1 of 1990)

Unduly lenient sentencing - wounding with intent - "glassing".

AG Ref No 1 of 1990
Hutton LCJ
14 December 1990

R v Mary Roisin Devlin

Making property available for terrorism - house made available for use as hide for explosives - knowledge of use made of house - whether 5 years imprisonment manifestly excessive.

R v Devlin 141290
Murray LJ
17 October 1990

R v Kyle Ivan Orr

Sentencing - Infliction of grievous bodily harm on six week old child - Guidelines on range of sentence to be imposed - Whether sentence of 4 years manifestly excessive - Offences against The Person Act 1861, 18, 20.

[1990] N1287
Hutton LCJ
27 April 1990

R v John Gary Breslin and Arthur Forbes

Possession of explosives and firearm with intent - appellants convicted of possession of a drogue bomb and automatic rifle with intent to endanger life - sentenced to 18 years imprisonment - whether sentence excessive - whether trial judge took irrelevant matters into consideration.

[1990] NI 23
Hutton LCJ
06 April 1990

R v William Desmond Gallagher

Rape of woman in own home - aggravating factors - whether sentence of 12 years excessive.

William Desmond Gallagher 060490
Hutton LCJ
12 December 1989

Attorney General's Reference (No.1 of 1989)

Sentencing - Rape- 5 years' imprisonment - victim aged 6 and half years - Whether sentence unduly lenient - Criminal Justice Act 1988 (c33), s36.

[1989] N1245
Hutton LCJ
12 December 1989

R v Frederick George Charters

Sentencing - Incest - Aggravating factors - 9 years' imprisonment - whether sentence excessive - Punishment of Incest Act 1908 (c45).

[1989] N1262
Hutton LCJ
16 October 1989

R v Liam O'Reilly and Sean Joseph Montgomery

Possession of explosive substance - 10 years imprisonment - whether excessive - weight to be given to plea that accused acted under pressure - court misinformed as to maximum sentence for an offence.

[1989] 10 NIJB 20
Hutton LCJ
21 September 1989

R v Philip Blaney, Brian Gerard Duffy, Robert Anthony Finlay, Francis Paul Green, Kevin Michael McShane, Mark Emmanuel McVicker, Sean Liam O'Neill, Patrick Pearse Voyle and Anthony McVarnock

Making of petrol bombs, hi-jacking and arson of vehicles - sentences of detention and imprisonment - appellant's previous clear records - whether sentences excessive.

[1989] NI 286
Hutton LCJ
06 July 1989

R v Stephen Matthew Shaw and Thomas Samuel Houston

Petrol bomb - thrown into occupied house at night - guidelines on sentencing.

[1989] 8 NIJB 60
Hutton LCJ
30 June 1989

R v Hugh David Cecil McCollum Payne, James McCullough and Thomas Aiken

Duress - accused a member of a sinister group with criminal objectives and coercive methods - whether Crown must prove accused an active member of group - possession of firearms with intent - sentences of 19 and 14 years - whether excessive.

[1989] 9 NIJB 28
Hutton LCJ
28 June 1989

R v Peter Cunningham and Patrick Sean Devenney

Conspiracy to murder - possession of firearms with intent - 20 and 18 years imprisonment - whether excessive - whether trial judge gave sufficient weight to accused's submissions - whether penalised for "not guilty" plea - observations on approach to sentencing for terrorist crimes.

[1989] NI 350
Lowry LCJ
21 April 1989

R v Samuel Joseph Ferguson

Armed robbery with violence - use of firearm or imitation firearm - elderly couple in own home - guideline sentences.

Ferguson 210489
O'Donnell LJ
14 March 1989

R v Gault

Obtaining property by deception - deception in course of employment - application of guideline on sentencing in cases of breach of trust by employees and professional persons - whether sentence excessive.

[1989] NI 232
Hutton LCJ
09 March 1989

R v John McDonald, Trevor Thomas Taggart and Alexander Farquhar

Sentencing - Rape - Guidelines Appropriate starting point in contested cases - Aggravating and mitigating circumstances - Whether sentences excessive.

[1989] N137
Hutton LCJ
27 January 1989

R v James Francis O'Reilly

Explosive substances - possession with intent - accused an active participant in transport of explosives - whether mere possession amounted to possession with intent.

[1989] NI 120
Hutton LCJ
16 December 1988

R v Gregory Faye

Theft - conspiracy to defraud Inland Revenue - sub-contractor's tax exemption vouchers - plea of guilty - application of "clang of prison gates" principle.

R v Faye 161288
Hutton LCJ
28 January 1987

R v Declan Crossan

Conspiracy - attempted murder - appellant found guilty of both offences - longer sentence imposed in respect of conspiracy - observations on sentencing - membership of proscribed organised - maximum sentence imposed - whether appropriate.

[1987] 2 NIJB 72
Lowry LCJ
30 June 1986

R v Samuel Walker and Gerard Thomas McColgan

Fraudulent sale of certificates - deterrent custodial sentences.

R v Walker & McColgan 300686
Lowry LCJ
07 September 1984

R v Patrick Joseph O'Neill

Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.

[1984] 13 NJB
Gibson LJ

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