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 KCSearch decision and choose filters to show only the results you want
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
Guidance provided on sentencing for two equally serious offences on a concurrent basis applying the totality principle - GBH with intent – sexual assault by penetration of a 12 day old baby – whether sentence manifestly excessive – starting point – dangerousness - culpability and harm high – whether premeditation – no mitigation save for guilty pleas – sentence not manifestly excessive – exceptional circumstances – appellant provided no explanation or offered remorse – appeal dismissed
[2022] NICA 69 Keegan LCJ
actual bodily harm – stabbing with nail scissors – whether sentence manifestly excessive and/or wrong – whether level of culpability unsupported by basis of plea – finding of dangerous – whether VOPO necessary – terms of extended custodial sentence licence – right to a fair trial – burden of proof on prosecution in sentencing process – compilation of pre-sentence reports – duties owed by counsel to sentencing court – emphasis on the importance of the accuracy of the basis of plea document – court adopted the principles in R v Cairns [2013] EWCA Crim 467 - appeal granted
[2022] NICA 62 Fowler J , McBride J , McCloskey LJ
unlawfully displaying force and making an affray - grievous bodily harm with intent and possession of an offensive weapon – whether starting point too high - 33 previous criminal convictions in Republic of Ireland - medium likelihood of reoffending - knife – whether starting point of nine years is excessive - judge may have incorrectly described it as a starting point - significant aggravating factors - duration of incident limited - sentence not manifestly excessive – appeal dismissed
[2022] NICA 9 McFarland J
guidance in relation to sentencing in cases involving multiple incidents of domestic violence - Using motor vehicle without insurance, Assault occasioning actual bodily harm, Common assault, Attempted criminal damage, Possession of an offensive weapon - other convictions and caution for common assault against mother and partner - pending prosecutions in Republic of Ireland - consideration of aggravating and mitigating factors together to reach starting point prior to discount for plea - overall sentence imposed on appellant is not manifestly excessive
[2022] NICA 12 Keegan LCJ
renewed application for leave to appeal a determinate custodial sentence - Assault Occasioning Actual Bodily Harm – strangulation - starting point - discount for the plea - whether discount should have been applied because of the Covid pandemic – appeal dismissed
[2020] NICA 62 Morgan LCJ
Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.
[2020] NICA 29 Morgan LCJ
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] NICA 25 Stephens LJ
Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.
[2020] NICA 16 Morgan LCJ
Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.
[2019] NICA 23 Stephens LJ
Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated
[2018] NICA 53 Maguire J
appeal against determinate sentence of 13½ years with extended licence period of 3 years – s. 18 GBH with intent to a 2 year old child – violent punch to head – significant brain injury and right-sided hemiplegia – wheelchair bound and visually impaired – sentence not manifestly excessive – appeal dismissed – McAuley and Seaward distinguished – court underlined vulnerability of very young children
[2018] NICA 2 Morgan LCJ
Appeal against sentence - AOABH contrary to s. 47 OAPA 1861 - 4 year sentence (2 in custody and 2 on licence) - whether starting point excessive - whether route to sentence unconventional/at risk of double counting - whether sufficient discount for plea - whether sufficient weight given to indicators of positive change - whether failure to take adequate account of fact that offence could have been prosecuted summarily - Appeal allowed - appellant pregnant - 'significant factors' meant a 2 year probation order would be substituted.
[2016] NICA 59 Weir LJ
Appeal against sentence - historic sexual abuse - discretionary life sentence - whether necessary to make finding of unstable character - whether offences sufficiently grave - whether likely future offending must be sex offences - whether alternative protective sentence could be imposed - appeal dismissed.
[2016] NICA 21 Weatherup LJ
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
AOABH contrary to s. 47 OAPA 1861 and common assault (co-def. aiding and abetting) – shaving victim’s hair and eyebrows while she was in alcohol induced stupor – done over two nights – striking her on the face – filming/photographing the offending – 5 year ECS manifestly excessive and replaced with determinate 4 year sentence.
2015 NICA 40 Coghlin LJ
False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.
2015 NICA 31 Morgan LCJ
Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.
2015 NICA 15 Girvan LJ
Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.
2015 NICA 14 Morgan LCJ