Sentencing Guidelines - Offences
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R v Ryan Quinn
Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.
R v Ronald Terence Graham
Murder - 5 year old girl victim - manual strangulation - concealed body - probable sex assault - joined in search for child - admitted indecent assault at interview - conflicting versions of what happened - two previous convictions for indecent assault - psychiatric history - severe untreatable psychopathic personality - highly dangerous - pleaded guilty - higher starting point - lack of rermorse - tariff fixed at 25 years.
R v Gerald Patrick Donnell
Manslaughter - GBH with intent - drunkenness and mitigation.
R v D O
Rape, Buggery, Totality
Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
R v Charles Malachy Oliver Pollock
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
R v Joseph Henry Bateson
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
R v Martin Kerr Attorney General's Reference (No 4 of 2005)
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.
R v Sean Kenneth Murphy
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
R v Joanne Elizabeth Mitchell
s. 20 OAPA - neglect of a child/baby - suitability for probation.
David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
R v George Angus McKenzie
Possessing a weapon designed to discharge a noxious liquid gas or thing, contrary to Section 6(1)(b) of Firearms (NI) Order 1981 (as amended) - questions to ask when considering appropriate disposal of firearms offences - suspended sentence - R v. Avis and Others  1 Cr App R applied.
R v Gerard Patrick Stewart  NICC 23
Murder and attempted murder - 18 year old female victim - stabbing - fled scene - previous record for violence - higher starting point - killed to let prisoner escape - failure to respond to previous sentences - youth (20) - personality difficulties - tariff fixed at 17 years.
R v Ian Alexander Quinn
Murder - 76 year old female victim - burglary at night - armed with a knife - sustained, vicious attack - sexual assault - socially withdrawn psychopath - higher starting point - age (18) - guilty plea - tariff fixed at 22 years.
R v Kenneth Henry Callaghan
Rape and murder - 22 year old female victim - broke into home - multiple blows to head by blunt metal instrument - initially denied offence - confessed when confronted by evidence - claimed the attack was the result of a psychotic episode - no supporting evidence - higher starting point - age - belated plea of guilty - tariff fixed at 21 years.
R v Samuel David Joseph Cummins
One of several men who attacked male victim after night out at nightclub - higher starting point - concerted, savage, merciless attack - substantial sentence for the retribution and deterrence aspects - no tangible evidence of genuine remorse - conceivable did not intend to kill - tariff fixed at 15 years.
R v John McAleese
Murder - 24 year old male victim - attacked in toilets of a bar - denied any involvement - blamed co-defendant - previous convictions - expressed intention to attack deceased - no trace of regret - intimidated co-accused - provocation not accepted - tariff fixed at 14 years.
R V David Anthony McElhone
Death by dangerous driving - youth of driver - mitigation.