R v Trevor Hamilton
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ216 results
R v Daniel McArdle
-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality
R v Jonathan Gerard Patrick Turley
First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).
[2008] NICC 18 Hart J
R v William David John McCracken
First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.
[2007] NICC 51 Treacy J
R v Glenn Paul Harwood
Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.
[2007] NICA 49 Higgins LJ
R v Thomas Anthony McCartney
Appeal against sentence - causing grievous bodily injury by dangerous driving, causing death by dangerous driving, no insurance.
[2007] NICA 41 Kerr LCJ
R v Stephen Magee
Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.
[2007] NICA 21 Kerr LCJ
Niall David McGonigle. AG's Ref (No. 6 of 2006)
Robbery - youth offender - consecutive or concurrent sentences.
[2007] NICA 16 Kerr LCJ
R v Patrick McColgan
Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence.
[2006] NICA 41 Kerr LCJ
R v Michael John Gilbert (AG Ref No 3 of 2006)
Rape, assault and burglary
[2006] NICA 36 Kerr LCJ
R v Andrew Robinson
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
R v Ryan Quinn
Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.
[2006] NICA 27 Kerr LCJ
R v Gerald Patrick Donnell
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
R v D O
Rape, Buggery, Totality
[2006] NICA 7 Kerr LCJ
Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
[2005] NICA 44 Kerr LCJ
R v Charles Malachy Oliver Pollock
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
R v Joseph Henry Bateson
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
[2005] NICA 37 Nicholson LJ
R v Martin Kerr Attorney General's Reference (No 4 of 2005)
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.
[2005] NICA 33 Kerr LCJ