Attorney General's Reference (Number 1 of 2009) Gareth McCaughan
How sentencers should approach the issue of custody probation.
[2009] NICA 2 Kerr LCJ4 results
R v John Paul Patrick Francis McDonnell
Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.
[2000] 2453 Carswell LCJ
R v Daniel Lunney
Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.
R v Lunney 260399 Girvan LJ
Attorney General's Reference (No 1 of 1998) (McElwee)
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
[1998] NIJB 64 Carswell LCJ