Sentencing guidelines - Theft and other Dishonest Offences

28 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

28 June 2024

The King v Kenneth Clarke and Jamie McConnell

DPP reference – whether sentences unduly lenient - conspiracy to steal, commit arson and to commit criminal damage – theft of machinery to damage property with the forced removal of ATMs from commercial properties - case mistakenly presented to the judge on basis the headline offence was conspiracy to commit theft attracting a max sentence of ten years - judge in error as to lower starting point – substituted a sentence of seven years and six months in case of Clarke – reference allowed - reference in case of McConnell dismissed – sentences in this area must be deterrent – prosecutors should consider charging for separate offences where possible - guidance provided in cases involving multiple incidents at para [41]

4[2024] NICA 52 Keegan LCJ

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

10 November 2023

The King v Francis Devlin

Renewed application for leave to appeal a sentence of four years’ imprisonment – four counts of conspiracy to cheat the public revenue – sole issue of impact of imprisonment on applicant’s son – whether sentence should be suspended – Court of Appeal approved the application of the guidance in R v Petherick [2012] EWCA Crim 2214 in NI – circumstances not so exceptional to merit a suspension – public interest in deterrence – appeal dismissed

[2023] NICA 71 Keegan LCJ

17 February 2020

R v Coleman

First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.

[2020] NICC 5 His Honour Judge McFarland

08 January 2020

Director of Public Prosecution's Reference (Number 5 of 2019) - Harrington Legen Jack

DPP reference – whether sentences unduly lenient – fraud by abuse of position - sentencing guidance provided in respect of offending of this kind (paras [34] - [36]) - whether a breach of the reasonable time requirement – guidance provided in respect of the reasonable time requirement (paras [42] – [45]) - sentences imposed were unduly lenient – discretion whether to quash the sentence imposed – offender already completed approximately one half of the community service order – exceptional facts - sentences not quashed

*Sentencing judges should now follow the guidance outlined in R v Michael McGinley [2025] NICA 11 in respect of delay*

[2020] NICA 1 Stephens LJ

17 June 2016

R v Paul Mahoney

Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.

[2016] NICA 27 Morgan LCJ

22 May 2015

R v Donna McCool and Michael Harkin

False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.

2015 NICA 31 Morgan LCJ

27 March 2015

R v Connor Joseph Hamilton

Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.

2015 NICA 15 Girvan LJ

22 November 2013

R v Rafal Tomasz Rymacki and Krzystof David Jankowski

First instance sentencing remarks.

[2013] NICC 20 His Honour Judge McFarland

18 January 2013

R v Ashok Kumar

First instance sentencing remarks – guidance pending Court of Appeal deliberation – carrying dutiable goods with intent to defraud contrary to Section 170 of the Custom & Excise Management Act 1979 – consideration of relevant Sentencing Council (E&W) Guideline and categories.

[2013] NICC 12 His Honour Judge McFarland

30 June 2011

R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle

Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.

[2011] NICA 31 Girvan LJ

25 May 2011

R v William Brady

Social security fraud - review of sentencing decisions in this area - imposition of compensation order.

[2011] NICA 4 Girvan LJ

28 May 2010

R v Thomas Corrigan

Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.

[2010] NICA 23 Morgan LCJ

21 December 2007

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

09 March 2007

Niall David McGonigle. AG's Ref (No. 6 of 2006)

Robbery - youth offender - consecutive or concurrent sentences.

[2007] NICA 16 Kerr LCJ

15 November 2004

R v Gavin David McCartan

Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.

[2004] NICA 43

19 February 2002

R v John Hunter

First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.

[2002] NICC 14 Hart J

20 June 1997

R v Michael Blair

Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.

R v Blair 200697 Carswell LCJ