Sentencing Guidelines - Robbery

14 judgments

21 July 2008

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
09 March 2007

Niall David McGonigle. AG's Ref (No. 6 of 2006)

Robbery - youth offender - consecutive or concurrent sentences.

[2007] NICA 16
Kerr LCJ
11 November 2005

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.

[2005] NICA 44
Kerr LCJ
20 February 2004

R v Zoe Lynne Pearson Attorney General's Reference Number 1 of 2004 (AG Ref 17 of 2003)

AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).

[2004] NICA 6
Kerr LCJ
16 September 2003

R v Ryan Thomas John Flynn AG Ref (No.3 of 2003)

Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.

[2003] NICA 32
Carswell LCJ
16 March 1998

R v Philip Coates

Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.

Coates 230697
MacDermott LJ
18 December 1997

R v Colin McKeown, Jason Loyal & Robert Glasgow

Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).

R v McKeown, Logal, Glasgow 181297
MacDermott LJ
23 May 1997

R v Anthony Benson

Attempted robbery and assault - "mugging" - young offender.

R v Benson 230597
MacDermott LJ
08 March 1996

R v Robin Henderson

Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.

R v Henderson 080396
Carswell LCJ
10 March 1995

R v Simon Joseph Gibson

Robbery or attempted robbery from elderly person in own home - R -v- Ferguson guidelines - distinguishing features.

Gibson 100395
MacDermott LJ
28 January 1993

R v David John O'Neill & Brian Jack Archibald

Robbery with violence - mitigating factors - alcoholic - plea of guilty.

R v O'Neill & Archibald 280193
Kelly LJ
30 March 1992

R v Robert Alexander Skelton & Dale Mooney

Attempted robbery and assault occasioning actual bodily harm - imprisonment for 14 and 12 years - elderly victim - savage and prolonged attack - deterrent sentences - appropriate discount for late plea of guilty - accused alcoholic - whether relevant that accused under influence of drink - whether excessive or wrong in principle.

[1992] NIJB 26
Hutton 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
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