Sentencing guidelines - Increase in Sentence

9 results

24 February 2023

King v Qing Wen Lin, Long Quang Lin Lin Zheng, Zhu Lin & Yang Wu Chen

Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed nor proven - leave granted – appeals allowed - sentences reduced.

Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.

[2023] NICA 11 McCloskey LJ

11 September 2014

R v Francis Newell

Armed robbery of post office - 4 year's imprisonment deemed manifestly inadequate and increased to 8 years' imprisonment - factors pertinent to an increase in sentence - was the sentence determined on a wrong principle or manifestly inadequate having regard to all circumstances and factors - section 15 Criminal Appeal Act (NI) 1968/section 4 Criminal Appeal Act (NI) 1980
[NB: This case, which is of significance to the Court of Appeal, is not reproduced here.]

[2014] NICA 87 Morgan LCJ

09 January 2009

R v Alan Stewart

Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.

[2009] NICA 4 Kerr LCJ

06 June 2003

R v Patrick Joseph Murdock

Disparity

[2003] NICA 21 Carswell LCJ

16 March 1998

R v Philip Coates

Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.

Coates 230697 MacDermott LJ

09 June 1995

R v Fraser & Others

Armed robbery - length of sentence - co-accused pleading not guilty at time appellants sentenced - co-accused subsequently pleading guilty to aiding and abetting, counselling and procuring armed robbery - co-accused sentenced to shorter prison terms than appellants - disparity in sentences - whether appellant's sentences should be reduced - whether justification for appellant's sense of grievance.

[1995] NIJB 66 Hutton LCJ

05 May 1995

R v Frederick Douglas

Terrorist Offences - attempted murder - possession of firearms with intent - disparity between sentences of co-accused - accused charged with committing a number of offences - concurrent sentences.

R v Douglas 050595 Hutton LCJ

20 May 1994

R v Delaney

Disparity - principles to be applied - appellant convicted of several counts of burglary after admitting offences some of which had been committed with associate - appellant receiving same sentence as associate even though committing less crimes and stealing less property - whether disparity grounds for reduction of appellant's sentence and whether unfair to appellant.

[1994] NIJB 31 Carswell LJ

07 September 1984

R v Patrick Joseph O'Neill

Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.

[1984] 13 NJB Gibson LJ