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  2. Sentencing guidelines - Non-Fatal Strangulation
  3. Burglary, Non-Fatal Strangulation

Sentencing guidelines - Non-Fatal Strangulation

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  • Burglary Selected filter: remove filter Burglary
  • Non-Fatal Strangulation Selected filter: remove filter Non-Fatal Strangulation
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13 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

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

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA25 Stephens 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

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

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 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

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
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