Sentencing Guidelines - Suspended Sentences

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4 judgments

08 March 2019

R v Loughlin (Michael) (DPP Reference No 5 2018)

Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.

[2019] NICA 10
Morgan LCJ
27 June 2013

R v Kevin Brannigan DPP's Ref (No.7 of 2013)

Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.

[2013] NICA 39
Morgan LCJ
09 May 2003

R v Colin Hughes

Activation of earlier suspended sentence - totality.

[2003] NICA 17
Carswell LCJ
27 February 1996

Attorney General's Reference (Nos 1 & 2 of 1996)

Suspended sentence - adequacy of sentence - offences against the person - causing grievous bodily harm and burglary - whether suspended sentences unduly lenient - procedure for suspending sentence.

[1996] NI 456
MacDermott LCJ