King v Adam Potts
The Northern Ireland Court of Appeal held in most kidnapping cases a starting point of between 7 and 15 years will be likely, increasing to 18 years in the most extreme cases. The Northern Ireland Court of Appeal endorsed the aggravating elements of kidnapping set out at para [24] in R v Saqib (Harris) [2022] EWCA Crim 213. (See paras [14] – [16].)
Renewed application for leave to appeal a 14 year custodial sentence with a three year extended licence period – kidnapping - causing GBH with intent - possession of weapons – whether the starting point of 18 years prior to reduction for plea was too high – whether the sentencing judge failed to consider mitigation – whether there was disparity with a co-accused’s sentence – whether the overall sentence offended the totality principle - judge over estimated criminal record of applicant – merit in totality point - starting point too high - leave granted - sentence reduced to 12 years – three year extended licence period affirmed.