Sentencing guidelines - Deterrence

11 results

27 January 2025

The King v Noel David Quigley

Appeal of a three year sentence with leave of the single judge – attempted wounding with intent to cause GBH – AOABH – offences committed against a police officer – key issue was whether the court should have reduced culpability on the basis of mental health difficulties - the general principle that a deterrent sentence not only enhances the appropriate starting point, it diminishes the impact of personal circumstances is not a rigid, inflexible rule (paragraph [33]) - court endorsed the approach in R v Doran [1995] NIJB 75 that mental illness is not an automatic reason for reducing the sentence imposed for a criminal offence and each case must be assessed on its facts (paras [39] – [42]) – judge correct to find that there could be no reduction in culpability – high culpability – low harm – suspended sentence not appropriate despite rehabilitative efforts – three year sentence approved - appeal dismissed.

[2025] NICA 6 Keegan LCJ

22 November 2024

King v Thomasena Byrne

GENERAL

1. Deterrence means discouraging the offender before the court, and others, from committing offences of the kind in question and/or more generally: paras [8] – [9]

2. Every sentence has an inbuilt element of deterrence (the concept of “general deterrence”): paras [8] – [9] & [11]

3. In some cases the sentencing court may decide that deterrence of the offender and/or the public, in the sense explained in [1] above, requires particular emphasis, the consequence being that a punishment more punitive than would otherwise be merited may follow (the concept of “particular deterrence” / an “expressly deterrent sentence”): paras [11] – [13]

4. In cases belonging to the latter category, adherence to the guidance in QWL paras [102] – [103] is essential: para [14]

5. Where sentencing guidelines decisions of the NICOA incorporate an element of specific (as distinct from general) deterrence, the sentencing court must avoid double counting.

6. “ … an offender’s personal circumstances will rarely qualify to be accorded much weight, particularly in a context where a deterrent sentence is required.” (para [18] quoting QWL para [98] )

THIS CASE

7. In the fact specific context of this case. First, per para [21]

“ … the judge’s approach to the issue of personal mitigation was in substance one of applying an absolute rule and, hence, not compatible with the principles expounded above, in a context of having erroneously declared this to be a case requiring deterrence, without more. The judge should have approached the issue of personal mitigation more flexibly and, having done so, explained the weight which he had determined to allocate to it. The impugned sentencing decision is not to this effect. Furthermore, the judge’s decision is not in accordance with the QWL guidance at paras [102]–[103].”
This passage identifies two material judicial errors. The first error entailed a judicial failure to recognise that the general rule in play viz the need for a deterrent sentence normally entails attributing little weight to personal mitigation factors is not absolute in nature.

8. Second, per para [22]: The COA was influenced by the newly admitted evidence.

[2024] NICA 75

08 March 2019

R v Loughlin (Michael) (DPP Reference No 5 2018)

Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.

[2019] NICA 10 Morgan LCJ

05 November 2015

R v Brian Mongan

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

21 September 2015

R v Raymond Brownlee (Sentencing)

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

14 September 2015

R v Sean Hackett

Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.

2015 NICA 57 Morgan LCJ

15 January 2015

R v Edward Cambridge

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

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 December 2012

R v William Wong

Appeal against indeterminate custodial sentence with minimum term of five years imprisonment - explosives offence - whether dangerousness provisions of Criminal Justice (NI) Order 2008 applied - whether correct to impose indeterminate custodial sentence rather than extended custodial sentence – appeal dismissed.

[2012] NICA 54 Morgan LCJ

12 September 2011

R v Leon Owens

Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.

[2011] NICA 48 Morgan LCJ

03 December 2010

R v E B

Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.

[2010] NICA 40 Morgan LCJ