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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
Murder - intoxicated 27 year old male victim - died 55 days later - unprovoked and pitiless attack - not a lower starting point case - prisoner's record displayed an aggressive and violent propensity - remorse not evident at trial - progress while in prison - tariff fixed at 15 years.
[2007] NILST 1 Kerr LCJ
Murder - 83 year old widow - burglary - beaten and stabbed - gratuitously violent - house deliberately set on fire - higher starting point - criminal record - progress while in prison - accepts responsibility for stabbing victim - tariff fixed at 15 years.
[2007] NILST 7 Kerr LCJ
Murder of two men - extensive multiple injuries - guilty plea four days into trial - not a lower starting point case - degree of planning - armed with iron bar - pressure on co-defendant - reservations about claimed remorse - unfortunate background - claim of provocation - tariff set at 20 years.
[2007] NILST 6 Kerr LCJ
Robbery - youth offender - consecutive or concurrent sentences.
[2007] NICA 16 Kerr LCJ
Murder - female victim - previous relationship - claimed provoked - sustained attack - multiple stab wounds - obsession with victim - vulnerable personality - higher starting point - medical condition - mature age - tariff fixed at 13 years.
[2007] NILST 3
Murder - 48 year old victim - stabbed 26 times - ex-girlfriend's mother - higher starting point case - planned attack - armed with a knife - preceded by a number of attacks on her - subject of an exclusion order - broke into home - handcuffed two sisters - fully mature - claimed remorse viewed with caution - divergence of medical opinion as to the effect of personality disorder - denied guilt - tariff fixed at 17 years.
[2007] NILST 4 Kerr LCJ
Murder - 26 year old male victim - ambushed in alleyway - not a normal starting point case - intended to carry out a violent attack - armed himself - aimed blows at the victim's head - young age - previous convictions - tariff fixed at 15 years.
[2007] NILST 3 Kerr LCJ
Murder - male RUC Reserve victim - terrorist crime - booby trap under car - drove car containing the device - exploited - gave himself up - confessed role to police - pleaded guilty - no clear evidence of remorse - Re Colin King did not mean that Practice Statement of Lord Woolf was not to be followed - tariff fixed at 15 years.
[2007] NILST 1 Kerr LCJ
Proper approach to sentencing in cases of historic familial abuse
[2007] NICA 5 Kerr LCJ
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
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
Rape, assault and burglary
[2006] NICA 36 Kerr LCJ
Murder - victim 83 year old widow - burglary - beaten and stabbed - house deliberately set on fire - higher starting point reduced - prisoner's youth (16) at time of offence - previous convictions for burglary - co-accused admitted stabbing victim - tariff fixed at 14 years.
[2006] NILST 2 Kerr LCJ
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
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
Murder - 5 year old girl victim - manual strangulation - concealed body - probable sex assault - joined in search for child - admitted indecent assault at interview - conflicting versions of what happened - two previous convictions for indecent assault - psychiatric history - severe untreatable psychopathic personality - highly dangerous - pleaded guilty - higher starting point - lack of rermorse - tariff fixed at 25 years.
[2006] NILST 1 Kerr LCJ
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
Rape, Buggery, Totality
[2006] NICA 7 Kerr LCJ
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ