Sentencing Guidelines - Theft and other Dishonest Offences

22 judgments

17 February 2020

R v Coleman

First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.

[2020] NICC 5
His Honour Judge McFarland
17 June 2016

R v Paul Mahoney

Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.

[2016] NICA 27
Morgan LCJ
22 May 2015

R v Donna McCool and Michael Harkin

False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.

2015 NICA 31
Morgan LCJ
27 March 2015

R v Connor Joseph Hamilton

Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.

2015 NICA 15
Girvan LJ
22 November 2013

R v Rafal Tomasz Rymacki and Krzystof David Jankowski

First instance sentencing remarks.

[2013] NICC 20
His Honour Judge McFarland
18 January 2013

R v Ashok Kumar

First instance sentencing remarks – guidance pending Court of Appeal deliberation – carrying dutiable goods with intent to defraud contrary to Section 170 of the Custom & Excise Management Act 1979 – consideration of relevant Sentencing Council (E&W) Guideline and categories.

[2013] NICC 12
His Honour Judge McFarland
30 June 2011

R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle

Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.

[2011] NICA 31
Girvan LJ
25 May 2011

R v William Brady

Social security fraud - review of sentencing decisions in this area - imposition of compensation order.

[2011] NICA 4
Girvan LJ
28 May 2010

R v Thomas Corrigan

Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.

[2010] NICA 23
Morgan LCJ
21 December 2007

R v William David John McCracken

First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.

[2007] NICC 51
Treacy J
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
15 November 2004

R v Gavin David McCartan

Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.

[2004] NICA 43
19 February 2002

R v John Hunter

First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.

[2002] NICC 14
Hart J
20 June 1997

R v Michael Blair

Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.

R v Blair 200697
Carswell LCJ
06 June 1997

R v Brian Agnew

Conspiracy to defraud, false accounting and providing false information - mortgage fraud - whether trial judge attached sufficient weight to circumstances behind motive for committing the offences - use of transactions to re-finance appellant's debt - whether should be dealt with by "clang of prison gates" sentencing principle.

R v Agnew 060697
Carswell LCJ
23 May 1997

R v Daniel Joseph McClean

Possession of counterfeit money with intent and lawful excuse - disparity of sentence between co-accused.

R v McClean 230597
MacDermott LJ
07 February 1997

R v Joanne Conlon

Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.

R v Conlon 07021997
MacDermott LJ
04 April 1995

R v Samuel Cosgrove Jackson

Dishonest receipt of stolen goods - artefacts of historic and cultural value - age, medical condition and previous clear record of appellant.

R v Jackson 040495
Hutton LCJ
05 March 1991

R v John James Duff

Obtaining property by deception - social security fraud - deterrent sentences.

R v Duff 050391
Kelly LJ
14 March 1989

R v Gault

Obtaining property by deception - deception in course of employment - application of guideline on sentencing in cases of breach of trust by employees and professional persons - whether sentence excessive.

[1989] NI 232
Hutton LCJ