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  2. Sentencing guidelines - Non-Fatal Strangulation
  3. Disparity, Non-Fatal Strangulation

Sentencing guidelines - Non-Fatal Strangulation

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11 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

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

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA25 Stephens LJ

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
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