Sentencing guidelines
7533 results
King v Vladimar Kovac
The Court of Appeal provides assistance to sentencing judges on the imposition of an interim driving disqualification after conviction and pre-sentence at paragraphs [23] – [26]. The Court of Appeal recommends that in cases of this nature (causing death by dangerous driving where a mandatory disqualification applies) an interim disqualification should be imposed post-conviction. The court also points out that prior to a plea of guilty a court considering bail may also impose restrictions upon driving depending on the circumstances of a particular case.
Appeal with leave of the single judge in respect of a nine and a half year sentence and 10 year driving disqualification – death by dangerous driving – whether both aspects of the sentence were manifestly excessive – guideline case of R v McCartney [2007] NICA 41 applied – exceptionally bad example of dangerous driving – fell into most serious culpability bracket – high harm – both aspects of the sentence held to be within the appropriate range – appeal dismissed.
Frances Quinn and Chief Constable of the Police Service of Northern Ireland
[2024] NIMaster 23 Master Bell
Catholic Mothers Ireland v Charity Commission for Northern Ireland
3/24 - Catholic Mothers Ireland v Charity Commission for Northern Ireland Mr McMahon
Disabled Police Officers' Association of Northern Ireland and Charity Commission for Northern Ireland
[2024] NIKB 90 McBride J
King v Alexander McCartney
Crown Court sentencing remarks – catfishing – sextortion - manslaughter - causing or inciting girls under 13 and between the age of 13 and 16 to engage in sexual activity – blackmail – making, distributing and possessing indecent images of children – causing a person to engage in sexual activity without consent - intimidation - sexual communication with a child - offending against 70 victims worldwide – harm inevitably and indisputably huge – assessed as presenting a significant risk of serious harm – victim did not prove on the balance of probabilities that he was the victim of catfishing as a child – no previous record – pleas of guilty – some limited evidence of remorse post 2019 – numerous aggravating factors outlined at para [77] - extensive and worsening offending after his first arrest in 2016 – life sentence imposed – 20 year minimum tariff imposed with concurrent sentences in respect of the remaining counts – 10 year SOPO – disqualified from working with children – disposal order in respect of 13 devices
[2024] NICC 30 O'Hara J
Police Ombudsman for Northern Ireland's Application
[2024] NIKB 88 Humphreys J
Summary of findings - Francis Bradley Inquest
Summary of findings - Francis Bradley Inquest
King v Darryn Armstrong and Jade Dempsey
[2024] NICC 29 McAlinden J
In the matter of an inquest into the death of Francis Bradley
[2024] NICoroner 30 His Honour Judge Irvine KC
JR328 Application for Judicial Review
[2024] NIKB 89 Scoffield J
The King v NF
[2024] NICA 67 Keegan LCJ
Attorney General for Northern Ireland and Kieran Rafferty
[2024] NIKB 87 Colton J
Donna Arthurs and The Chief Constable of The Police Service of Northern Ireland
[2024] NICA 70
Summary of Judgment - R v John Paul Whitla
Summary of Judgment - R v John Paul Whitla
Henry (Danielle) Application for Judicial Review
[2024] NIDiv 10 Keegan LCJ
A Father and A Mother (In the matter of NI, a male child aged 12 years, No 3) - In the matter of NI (A male child aged 12 years) (No 3)
[2024] NICA 68
Jody Nesbitt and Diana Nesbitt and Land and Property Services
[2024] NICA 69
The King v John Paul Whitla
In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).
DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years