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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
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
Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.
[2008] NICA 41 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
AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).
[2004] NICA 6 Kerr LCJ
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
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
Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.
[2002] NICA 62 Carswell LCJ
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
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
Robbery or attempted robbery from elderly person in own home - R -v- Ferguson guidelines - distinguishing features.
Gibson 100395 MacDermott LJ
Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.
[1993] 7 NIJB 78 Hutton LCJ
Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient.
[1993] 5 NIJB 71 Hutton LCJ
Attempted robbery and assault occasioning actual bodily harm - imprisonment for 14 and 12 years - elderly victim - savage and prolonged attack - deterrent sentences - appropriate discount for late plea of guilty - accused alcoholic - whether relevant that accused under influence of drink - whether excessive or wrong in principle.
[1992] NIJB 26 Hutton LCJ
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
Armed robbery with violence - use of firearm or imitation firearm - elderly couple in own home - guideline sentences.
Ferguson 210489 O'Donnell LJ