Sentencing guidelines - Drug Offences

17 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

12 April 2024

The King v O'Loughlin

This is the first Encrochat sentencing judgment in NI.

Crown Court sentencing remarks – various drug offences - Proceeds of Crime Act offences – firearms offences – conspiracy to cause GBH – conspiracy to commit murder - material obtained from the Encrochat network by the NCA through a joint French and Dutch police investigation – 12 years imprisonment.

[2024] NICC 12 His Honour Judge Rafferty KC

25 November 2022

King v Luong Bui

Application for leave to appeal sentence – cultivation of cannabis – abstracting electricity – assisting unlawful immigration – perverting the course of justice – three cannabis factories – strategic control of substantial, sophisticated and highly profitable enterprise – whether sentence for cannabis factory counts too high – whether three year consecutive sentence on top of already stiff sentence manifestly excessive – totality – deterrent sentence of 12 years appropriate – proper global sentence 13 years – sentence perverting the course of justice reduced to 1 year consecutive to other counts – total custodial sentence 13 years - leave granted - appeal allowed.

[2022]NICA 78 Fowler J , Horner LJ , Keegan LCJ

06 December 2019

Queen v Daniel Raymond Dunlop

appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed

[2019] NICA72 McCloskey LJ

07 July 2015

R v Hughes, Hughes and Hughes. (DPP References 1,2,3 and 4 of 2015)

DPP reference – Possession of class A/B drugs with intent to supply – significant quantities of class A with high value – 3 defendants – determinate sentences of 5 yrs., 4 yrs., and 3 yrs. (6 custody plus 2½ on licence) – unduly lenient – substituted with 6½ yrs., 5 yrs., and 2yrs. (12 month plus 12 months) – earlier NI guidelines affirmed.

2015 NICA 53 Morgan LCJ

17 May 2013

R v Gary McKeown; DPP Ref (No 2 of 2013) and R v Han Lin

Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.

[2013] NICA 28 Morgan LCJ

29 May 2012

R v Ming Chen

Possession of Class B drugs – intent to supply and possession of criminal property – cannabis – sentencer entitled to have regard to surrounding circumstances especially cultivation.

[2012] NICA 17 Morgan LCJ

15 April 2005

David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)

Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.

[2005] NICA 18 Kerr LCJ

29 September 2003

Richard Herbert Crowe - Attorney General's Reference (No 5 of 2003)

Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.

[2003] NICA 38 Carswell LCJ

06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21 Carswell LCJ

11 March 1998

R v David Thomas McIlwaine

Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.

R v Mcilwaine MacDermott LJ 11.03.98 MacDermott LJ

07 February 1997

R v John Joseph Conlon

Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.

R v Conlon 70297 CarswellLCJ Carswell LCJ

03 May 1996

R v Stalford and O'Neill

Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.

R v Stalford and O'Neill MacDermott LJ

15 December 1995

R v Gallagher and Mullan

Appeal against sentence - possession of ecstasy and cannabis with intent to supply - couriers.

15 December 1995MACDERMOTT LJ MacDermott LJ

07 July 1995

R v Haveron, Millar, Harris and McCrystal

Application for leave to appeal against sentence - possession with intent to supply Class A and Class B Drugs - couriers.

7 July 1995CARSWELL LJ Campbell LJ

04 February 1994

R v Hogg & others

Appeal against sentence - possession and supply of Class A and Class B drugs.

[1994] NI 258 Hutton LCJ