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This is a short addendum ruling correcting an error in sentencing within the main judgment reported at [2024] NICC 30 . Determinate custodial sentences were replaced with extended custodial sentences where necessary
[2024] NICC 36 O'Hara J
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
The Court of Appeal provides assistance in relation to online blackmail and sextortion (see in particular paragraphs [66] and [111]-[114])
Renewed application for leave to appeal an extended custodial sentence of six years imprisonment and four years extended licence – various sexual offences - indecent images - disclosure of private sexual photographs and films with intent to cause distress - online blackmail – sextortion - whether the starting point of nine years and the four year extension period were manifestly excessive – whether the SOPO was necessary and contrary to principle – right form of sentence attached to the wrong offences – overall sentence affirmed – leave to appeal granted – sentence restructured - appeal allowed to the extent of setting aside the invalid orders and substituting the sentences outlined in paragraph [116].
The Crown Court judgment can be located at [2023] NICC 15
The Court of Appeal sets out and endorses the legal principles and guidance contained in R v Tolera [1999] 1 Cr App R 29 and R v Underwood & Others [2005] 1 Cr App R 13 in respect of the interrelated considerations of pleas, basis of pleas and Newton hearings.
Renewed application for leave to appeal a sentence of three years imprisonment – arson – whether sentence manifestly excessive –whether the judge erred in rejecting the coercion claim – disparity – whether a non-custodial sentence should have been imposed – leave refused – sentence affirmed.
In this judgment the Court of Appeal provides guidance on the credit to be given for a late guilty plea where upon arraignment further evidence is outstanding.
Toher - Renewed application for leave to appeal a sentence of 12 years imprisonment - manslaughter – GBI by dangerous driving x 2 – doing an act intending to pervert the course of justice – conspiracy to possess a class A drug (cocaine) – whether the judge’s end point before reduction for the plea of guilty was manifestly excessive – whether the judge was wrong in principle to impose a sentence of four years for the drug offence and three years for perverting the course of justice – whether the judge provided sufficient reduction for the guilty plea – leave granted – appeal allowed - sentence reduced to 11 years to reflect the early guilty plea and remorse – driving disqualification of 10 years untouched
Phair - application to appeal a sentence of 11 years imprisonment and 15 year driving disqualification with leave of the single judge as to starting point – causing death by dangerous driving – causing GBI by dangerous driving – causing death by driving whilst unlicenced and uninsured – causing GBI by driving whilst unlicenced and uninsured – supplying a class A drug (cocaine) – whether the starting point of 13 years before mitigation was manifestly excessive – whether the court provided enough by way of mitigation - whether the drug offence was over sentenced – whether the 15 year driving disqualification was excessive – appeal dismissed save the period of disqualification reduced to 10 years.
This is a judgment given by Sir Declan Morgan in the Supreme Court which reaffirms the different approach in this jurisdiction (from E&W and Scotland) to the question of the reduction for a guilty plea in circumstances where the offender has essentially been apprehended in flagrante.
[2022] UKSC 13 Sir Morgan
Possession of explosives with intent to endanger life or cause serious injury to property contrary to s. 3(1)(b) of the Explosive Substances Act 1883 - reiteration of principles governing guilty pleas – need for counsel to correct any misapprehension on court’s part as to timing of guilty plea –recourse to be had to the ‘slip rule’ under s. 49(2) of the Judicature (Northern Ireland) Act 1978 when appropriate – sentence left undisturbed.
[2016] NICA 17 McBride J
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.
[2013] NICA 28 Morgan LCJ
Causing grievous bodily injury by dangerous driving – need for sentencing court to establish factual basis of plea – proper approach to use of Guidelines – culpability rarely judged by consequence being serious injury rather than death.
[2011] NICA 71 Morgan LCJ
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
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.
[2005] NICA 44 Kerr LCJ
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
Reference by AG - whether sentence unduly lenient - Criminal Justice Act 1988 section 36 - blackmail - paramilitary background - guilty plea - previous criminal record - sentence unduly lenient - sentence increased to five years' custody and two years' probation.
[2004] NICA 27 Kerr LCJ
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
[1998] NIJB 64 Kerr J
Custodial sentence - seriousness of offence - offence so serious that only custodial sentence can be justified - appellants pleading guilty to charge of burglary and sentenced to six months' imprisonment - whether custodial sentence appropriate.
[1998] NI 130 MacDermott LJ
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).
R v McKeown, Logal, Glasgow 181297 MacDermott LJ