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  2. Sentencing guidelines - Non-Fatal Strangulation
  3. Dealing with Child Offenders, Non-Fatal Strangulation

Sentencing guidelines - Non-Fatal Strangulation

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6 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

15 February 2023

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 KC

05 May 2020

R v Allen

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] NICA25 Stephens LJ

14 October 2014

R v Wootton & McConville

Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.

[2014] NICA 69 Morgan LCJ

28 June 2013

R v Todd Newton, Ruari Doey and Steven Doherty Director of Public Prosecution’s Reference (numbers 8, 9 & 10 of 2013)

Reference by DPP - attempted grievous bodily harm with intent – gratuitous violence by young males 2 of the 3 still children – s. 53 Justice (NI) Act 2002, Art. 45(2) Criminal Justice (Children) (NI) Order 1998 and Beijing Rules all considered - sentences substituted.

[2013] NICA 38 Morgan LCJ

06 March 2009

R v CK a minor

Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.

[2009] NICA 17 Kerr LCJ
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