Sentencing Guidelines - Robbery
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.
Robbery - youth offender - consecutive or concurrent sentences.
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.
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).
Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
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).
Attempted robbery and assault - "mugging" - young offender.
Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.
Robbery or attempted robbery from elderly person in own home - R -v- Ferguson guidelines - distinguishing features.
Robbery with violence - mitigating factors - alcoholic - plea of guilty.
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.
Armed robbery with violence - use of firearm or imitation firearm - elderly couple in own home - guideline sentences.
Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.