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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
DPP reference to the Court of Appeal for unduly lenient sentence – whether sentence unduly lenient – aggravated burglary and stealing, common assault and criminal damage – substantial criminal record - planned criminal enterprise - late pleas of guilty – sentence varied upwards.
[2021] NICA 19 McCloskey LJ
Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.
[2019] NICA 10 Morgan LCJ
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
Wounding with intent to commit GBH (ECS 9 plus 3) threats to kill (9 plus 1 concurrent) – both lower harm and lower culpability required for lower starting point in s.18 OAPA 1861 offence – McAuley and Seaward guideline clarified – however sentencing court’s starting point here of 11yrs. was too high in a case of low harm – 9 yr. custodial element reduced to 7 – dangerousness finding approved and 3 yr. extension left undisturbed.
2015 NICA 65 Morgan LCJ
Wounding with intent X2; common assault X2; and false imprisonment – domestic violence – culpability high but degree of harm low – ECS of 6 plus 4 for each wounding – court underlined need to identify domestic setting as aggravating feature – dangerousness considered – delay between conviction and sentence held to be breach of Article 6 but aggravation outweighed this – appeal refused.
2015 NICA 58 Morgan LCJ
Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.
2015 NICA 57 Morgan LCJ
Robbery contrary to s. 8(1) Theft Act (NI) 1969 and AOABH contrary to s 47 of the Offences Against Person Act 1861 – whether finding of dangerousness justified – whether indeterminate custodial sentence justified – appeal allowed solely in respect of indeterminate sentence which is ‘a sentence of last resort’ – extended custodial sentence substituted.
2015 NICA 4 Gillen LJ
Appeal against sentence – aggravated burglary and criminal damage – use of indeterminate custodial sentence – disposal of last resort – necessity of prior inquiry: can public protection be achieved under extended sentence scheme? – appeal allowed and extended sentence substituted.
[2014] NICA 62 Morgan LCJ
Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending.
[2014] NICA 61 Morgan LCJ
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
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
Appeal against 3 year sentence for 48 offences (incl. firearms offences) committed from 1992 to 2007 - member of loyalist paramilitary organisation - whether there should be discount for mitigating circumstances in applicant’s personal life - whether custodial sentences should have been suspended – appeal dismissed – specific guidance on the sentencing of defendants who have assisted the Police (ss. 73-76 Serious Organised Crime and Police Act 2005) annexed to judgment.
[2013] NICA 8 Morgan LCJ
Appeal against indeterminate custodial sentence with minimum term of five years imprisonment - explosives offence - whether dangerousness provisions of Criminal Justice (NI) Order 2008 applied - whether correct to impose indeterminate custodial sentence rather than extended custodial sentence – appeal dismissed.
[2012] NICA 54 Morgan LCJ
Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.
[2011] NICA 48 Morgan LCJ
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.
[2010] NICA 40 Morgan LCJ
In this judgment the Court of Appeal adopts the sentencing guidelines on indecent images issued by the English Court of Appeal in R v Oliver & Others [2002] EWCA Crim 2766.
AG’s Reference – 30 counts of making an indecent image of a child – sentenced to three years’ probation on each count to run concurrently with a condition to participate in a sex offenders programme – offending commenced when defendant was 15 - special circumstances advanced before the court that the defendant was corrupted as a child and his offending was the product of that corruption – court held rehabilitative sentence justified in this case – sentence not unduly lenient – appeal dismissed.
(The Court of Appeal in King v Andrew Maxwell [2023] NICA 21 has reaffirmed both these cases as the settled sentencing authorities in the area of indecent images of children.)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ