Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ285 results
Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
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
R v Charles Malachy Oliver Pollock
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
R v Joseph Henry Bateson
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
[2005] NICA 37 Nicholson LJ
R v Martin Kerr Attorney General's Reference (No 4 of 2005)
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.
[2005] NICA 33 Kerr LCJ
R v Sean Kenneth Murphy
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
[2005] NICA 32 Campbell LJ
R v Joanne Elizabeth Mitchell
s. 20 OAPA - neglect of a child/baby - suitability for probation.
[2005] NICA 30 Kerr LCJ
David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
[2005] NICA 18 Kerr LCJ
R v George Angus McKenzie
Possessing a weapon designed to discharge a noxious liquid gas or thing, contrary to Section 6(1)(b) of Firearms (NI) Order 1981 (as amended) - questions to ask when considering appropriate disposal of firearms offences - suspended sentence - R v. Avis and Others [1998] 1 Cr App R applied.
[2005] NICA 7 Nicholson LJ
R v Gerard Patrick Stewart [2004] NICC 23
Murder and attempted murder - 18 year old female victim - stabbing - fled scene - previous record for violence - higher starting point - killed to let prisoner escape - failure to respond to previous sentences - youth (20) - personality difficulties - tariff fixed at 17 years.
[2005] NILST 4 Kerr LCJ
R v Ian Alexander Quinn
Murder - 76 year old female victim - burglary at night - armed with a knife - sustained, vicious attack - sexual assault - socially withdrawn psychopath - higher starting point - age (18) - guilty plea - tariff fixed at 22 years.
[2005] NILST 3 Kerr LCJ
R v Kenneth Henry Callaghan
Rape and murder - 22 year old female victim - broke into home - multiple blows to head by blunt metal instrument - initially denied offence - confessed when confronted by evidence - claimed the attack was the result of a psychotic episode - no supporting evidence - higher starting point - age - belated plea of guilty - tariff fixed at 21 years.
[2005] NILST 2 Kerr LCJ
R v Samuel David Joseph Cummins
One of several men who attacked male victim after night out at nightclub - higher starting point - concerted, savage, merciless attack - substantial sentence for the retribution and deterrence aspects - no tangible evidence of genuine remorse - conceivable did not intend to kill - tariff fixed at 15 years.
[2005] NILST 1 Kerr LCJ
R v John McAleese
Murder - 24 year old male victim - attacked in toilets of a bar - denied any involvement - blamed co-defendant - previous convictions - expressed intention to attack deceased - no trace of regret - intimidated co-accused - provocation not accepted - tariff fixed at 14 years.
[2004] NILST 22 Kerr LCJ
R v Hugh Alexander Lindsay [2004] NILST 11
Murder - strangled female acquaintance - dumped body - normal starting point - likely murder due to sudden loss of control - destruction of murder scene - contested charge - no evidence of remorse - clear record not a mitigating factor - tariff fixed at 14 years.
[2004] NICC 30 Kerr LCJ
R V David Anthony McElhone
Death by dangerous driving - youth of driver - mitigation.
[2004] NICA 46 Kerr LCJ
R v Oliver Junior Joseph Shortt
Murder - female victim - manual strangulation - prolonged, gratuitous attack in her home - set fire to house with the deceased's son (who managed to escape) in it - higher starting point category - tariff fixed at 17 years.
[2004] NICC 24 Kerr LCJ
R v William Skehens
Murder - elderly female victim (aunt) - sexually assaulted - stole money - death caused by mechanical asphyxiation - higher starting point case - terrible injuries prior to death - prisoner's youth - guilty plea - tariff fixed at 20 years.
[2004] NILST 21 Kerr LCJ
R v David Conway
Murder - 20 year old female victim - girlfriend - shot in face - sawn off shotgun - handed himself in to police - maintains accidential discharge - jury rejected this - no assigned starting point - possession indicates pre-planning - record of crimes of violence - admission and remorse - tariff fixed at 14 years.
[2004] NILST 23 Kerr LCJ