R v William Desmond Gallagher
Conditions justifying the imposition of discretionary life sentences.
[2004] NICA 11 Kerr LCJ168 results
R v Zoe Lynne Pearson Attorney General's Reference Number 1 of 2004 (AG Ref 17 of 2003)
AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).
[2004] NICA 6 Kerr LCJ
R v Trevor McCandless, Stephen Anthony Johnston, Paul James Johnston, Samuel Anderson, Kenneth John Scott
Adoption of Practice Statement of Lord Woolf CJ.
[2004] NICA 1 Carswell LCJ
R v Andre Shoukri
Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.
[2003] NICA 53 Kerr J
R v Robert Black
Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.
[2003] NICA 51 Carswell LCJ
R v Terence Joseph Ritchie
AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.
[2003] NICA 45 Higgins J
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
R v Peter Murray & Christopher Armstrong
Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.
[2003] NICA 24 Carswell LCJ
R v Brian Anthony Edwards
Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.
]2003] NICA 11 Nicholson LJ
R v Anthony Andrew Megarry
Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.
[2002] NICA 62 Carswell LCJ
R v Colin Victor McDonald
Attempted murder - rape - destruction of unborn child - offender repeatedly striking girlfriend with stair spindle - throwing her down stairs - dragging her upstairs by hair - multiple stabbing - raping her - later striking her with vacuum cleaner hose and stamping on her head - 22 years on a contest.
[2001] NICA 52 Carswell LCJ
R v Alan Jones
s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants
[2001] NICA 55 Campbell LJ
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
R v O'Keefe
Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.
Gary John O'Keefe 16/02/1998 MacDermott LJ
R v Steven McCullough
Assault occasioning actual bodily harm of female - significant degree of disfigurement - whether trial judge erred by drawing comparison to sentencing in "glassing" cases.
R v McCullough 191297 Carswell LCJ
R v Colin McKeown, Jason Loyal & Robert Glasgow
Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).
R v McKeown, Logal, Glasgow 181297 MacDermott LJ
R v Sean Patrick McGuigan
Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.
R v McGuigan 141197 Kerr J
R v Sean Patrick McGuigan
Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.
R v McGuigan 141197 Kerr J
R v Sean Joseph Carlin
Grievous bodily harm with intent - stamping on head of victim - young offender - maximum period of detention.
R v Carlin 110797 Carswell LCJ
R v Andrew William Coyle
Grievous bodily harm with intent - injured party had part of ear bitten off - sentence in cases of "biting" - "Newton" hearing of disputed facts following applicant pleading guilty on re-arraignment.
R v Coyle 110697 MacDermott LJ