Sentencing Guidelines - Terrorist Offences

29 judgments

15 January 2021

Queen v Christine Connor

appeal against sentence and DPP’s Reference – terrorist offences – causing explosion and attempted murder – 20-year ECS with 4-year extension period – whether sentence manifestly excessive or unduly lenient – intent - sentencing of the trial judge unsustainably generous – substitution by a sentence of 25 years’ imprisonment accompanied by 4-year extension period

[2021] NICA 3
McCloskey LJ
17 April 2020

R v Haggarty

Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.

[2020] NICA 22
Morgan LCJ
14 October 2014

R v Wootton & McConville

Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.

[2014] NICA 69
Morgan LCJ
24 January 2014

Ryan McDowell, Attorney General's Reference (No 17 of 2013)

Making/possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – DPP’s Reference – sectarian motivation – 2 years’ probation and 100 hours’ community service – sentencing recommendation in victim impact statements not to form basis for reassessing sentencing – while deterrent custodial sentences normally required for sectarian violence the individual circumstances meant the sentence should not be interfered with.

[2014] NICA 6
Coghlin LJ
10 December 2013

R v Gareth Edward Marcus, DPP Ref (No 1 of 2013), Reference under Section 36 of the Criminal Justice Act 1988

Possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – causing an explosion likely to endanger life or to cause injury to property – s.2 Explosive Substances Act 1883 – DPP’s Reference – sectarian motivation – need for deterrent sentencing – 4 years’ imprisonment suspended for 3 years – unduly lenient but not interfered with.

[2013] NICA 73
Coghlin LJ
01 June 2004

Thomas John Hazlett, Attorney General's Reference (No 3 of 2004) (AG Ref 4 of 2002)

Firearms Offences - whether sentence is unduly lenient - double jeopardy.

[2004] NICA 20
Kerr LCJ
05 December 2003

R v Andre Shoukri

Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.

[2003] NICA 53
Kerr J
14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197
Kerr J
29 March 1996

R v Brian Joseph Arthurs

Conspiracy to cause explosion and possession of explosive substances with intent - mortar bomb which exploded accidentally - deterrent sentences for terrorist offences - whether sentence of 25 years manifestly excessive.

R v Arthurs 290396
Hutton LCJ
18 January 1996

R v Kevin McCann

Attempted murder of soldier - deterrent sentences - whether sentence of 25 years manifestly excessive - whether Court of Appeal can analyse sentences passed by other judges for similar offences.

R v McCann 180196
Hutton LCJ
17 November 1995

R v Mark Gerard Hannigan & Thomas Gerard Brogan

Attempted murder and possession of firearms with intent - joint enterprise - whether accessory had sufficient knowledge or contemplation - sentence for terrorist offences in view of cease-fire - prisoner had offended whilst released on licence.

R v Hannigan & Brogan 171195
Carswell LCJ
26 October 1995

R v David Adams, Robert Crawford, Paul Stitt, Gerard Bradley and Patrick Donaghy

Conspiracy to murder, cause an explosion and other offences - appellants elected not to challenge prosecution evidence - not the equivalent of quilty plea - deterrent sentences for terrorists - disparity of sentence between co-accused.

R v Adams & others
Carswell LCJ
30 March 1995

R v Patrick Martin Murray

Conspiracy to murder and conspiracy to cause explosion - whether rules for remission in respect of prisoners serving life sentence differ from those for other serious offences - court should decide appropriate sentence without reference to questions of remission of parole - whether entitled to discount where defendant did not dispute evidence or require Crown to call evidence of proof but did not plead guilty.

R v Murray 300395
Hutton LCJ
03 March 1995

R v John Glennon, Francis Maher, John Kennaway, Damien Justin Morgan

Terrorist offences - conspiracy to murder, possession of firearms with intent and false imprisonment - court should decide appropriate sentence without reference to questions of remission or parole - deterrent sentences for terrorist offences.

R V Glennon & Others 030395
MacDermott LJ
27 January 1995

R v Clive Jones

Possession of unauthorised firearm without certificate - army sergeant - gun enthusiast - whether prison sentence appropriate irrespective of whether or not it is to be suspended.

R v Jones 270195
Hutton LCJ
17 January 1994

R v Sean Connolly

Possession of explosives and firearms - length of sentence - appellant pleading guilty to possession of explosives and firearms but not challenging Crown's evidence - whether sentence of 20 years' imprisonment manifestly excessive - whether appellant entitled to discount.

[1994] NIJB 226
MacDermott LJ
22 December 1992

R v Donal Gregory Carroll and Ailish Carroll

Possession of firearms with intent to endanger life - whether 22 years excessive - deterrent sentences for terrorists.

[1992] 11 NIJB 93
MacDermott LJ
09 October 1992

Attorney General's Reference (No's 3 and 4 of 1992)

Grievous bodily harm with intent - throwing of petrol bombs and arson - aiding offence - sentenced to probation with conditions - length of detention for young offender - whether unduly lenient.

[1992] NI 187
Hutton LCJ
12 June 1992

Gerard Majella O'Neill

Possession of firearm with intent - sentence of 12 years' imprisonment imposed - offence committed while on licence from prison - order to return to prison to complete sentence - whether imposition of consecutive sentence excessive.

[1992] NI 333
Hutton LCJ
14 June 1991

R v Rosaleen McCorley

Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive.

[1991] 4 NIJB 70
Hutton LCJ