Sentencing guidelines - Disparity

18 results

24 February 2023

King v Qing Wen Lin, Long Quang Lin Lin Zheng, Zhu Lin & Yang Wu Chen

Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed nor proven - leave granted – appeals allowed - sentences reduced.

Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.

[2023] NICA 11 McCloskey LJ

12 March 2021

R v Luke Walls

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

12 September 2014

R v Paul Pollins

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

12 September 2014

R v Thomas McCaughey and Martin Smyth

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

09 January 2009

R v Alan Stewart

Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.

[2009] NICA 4 Kerr LCJ

05 December 2003

R v Robert Black

Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.

[2003] NICA 51 Carswell LCJ

20 June 2003

R v Peter Murray & Christopher Armstrong

Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.

[2003] NICA 24 Carswell LCJ

06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21 Carswell LCJ

11 June 2002

R v Anthony Andrew Megarry

Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.

[2002] NICA 62 Carswell LCJ

16 March 1998

R v Philip Coates

Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.

Coates 230697 MacDermott LJ

16 February 1998

R v O'Keefe

Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.

Gary John O'Keefe 16/02/1998 MacDermott LJ

09 June 1995

R v Fraser & Others

Armed robbery - length of sentence - co-accused pleading not guilty at time appellants sentenced - co-accused subsequently pleading guilty to aiding and abetting, counselling and procuring armed robbery - co-accused sentenced to shorter prison terms than appellants - disparity in sentences - whether appellant's sentences should be reduced - whether justification for appellant's sense of grievance.

[1995] NIJB 66 Hutton LCJ

05 May 1995

R v Frederick Douglas

Terrorist Offences - attempted murder - possession of firearms with intent - disparity between sentences of co-accused - accused charged with committing a number of offences - concurrent sentences.

R v Douglas 050595 Hutton LCJ

20 May 1994

R v Delaney

Disparity - principles to be applied - appellant convicted of several counts of burglary after admitting offences some of which had been committed with associate - appellant receiving same sentence as associate even though committing less crimes and stealing less property - whether disparity grounds for reduction of appellant's sentence and whether unfair to appellant.

[1994] NIJB 31 Carswell LJ

06 August 1993

R v Lendrum

Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.

[1993] 7 NIJB 78 Hutton LCJ

28 June 1993

Attorney General's Reference (No.2 of 1993)

Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient.

[1993] 5 NIJB 71 Hutton LCJ

10 May 1991

R v Moore & Others

Aggravated burglary and assault occasioning actual bodily harm - seriousness of offence - credit for change of plea to guilty.

HUTTON LCJ 10 MAY 1991 Hutton LCJ

07 September 1984

R v Patrick Joseph O'Neill

Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.

[1984] 13 NJB Gibson LJ