Sentencing Guidelines - Offences
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273 judgments
R v Conrad Trafford Doole
Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline.
R Darryl John Proctor
Offender participating in concerted sectarian attack on group of young Roman Catholic men - one of the group left in low-level, probably vegetative state - reduced life expectancy - late plea - joint enterprise - CPO 12 years plus 1 (total: 13 years).
R v CK a minor
Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.
R v Alan Stewart
Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.
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.
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.
R v James Junior McKinstry Craig
Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.
R v John Smith
Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.
R v Samuel Shannon
Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.
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.
R v Christopher McMillan
Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.
R V Christopher McGinn. AG Ref (No. 2 of 2008)
Death by dangerous driving - youth of driver - mitigation.
R v Nicholas Evans
Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.
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).
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 William Murphy
Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.
R v William Campbell
Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.
R v Victor Graham
Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.
R v Andrew Neville Browne
Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.