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This is a short addendum ruling correcting an error in sentencing within the main judgment reported at [2024] NICC 30 . Determinate custodial sentences were replaced with extended custodial sentences where necessary
[2024] NICC 36 O'Hara J
Crown Court sentencing remarks – catfishing – sextortion - manslaughter - causing or inciting girls under 13 and between the age of 13 and 16 to engage in sexual activity – blackmail – making, distributing and possessing indecent images of children – causing a person to engage in sexual activity without consent - intimidation - sexual communication with a child - offending against 70 victims worldwide – harm inevitably and indisputably huge – assessed as presenting a significant risk of serious harm – victim did not prove on the balance of probabilities that he was the victim of catfishing as a child – no previous record – pleas of guilty – some limited evidence of remorse post 2019 – numerous aggravating factors outlined at para [77] - extensive and worsening offending after his first arrest in 2016 – life sentence imposed – 20 year minimum tariff imposed with concurrent sentences in respect of the remaining counts – 10 year SOPO – disqualified from working with children – disposal order in respect of 13 devices
[2024] NICC 30 O'Hara J
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.
The Court of Appeal provides assistance in relation to online blackmail and sextortion (see in particular paragraphs [66] and [111]-[114])
Renewed application for leave to appeal an extended custodial sentence of six years imprisonment and four years extended licence – various sexual offences - indecent images - disclosure of private sexual photographs and films with intent to cause distress - online blackmail – sextortion - whether the starting point of nine years and the four year extension period were manifestly excessive – whether the SOPO was necessary and contrary to principle – right form of sentence attached to the wrong offences – overall sentence affirmed – leave to appeal granted – sentence restructured - appeal allowed to the extent of setting aside the invalid orders and substituting the sentences outlined in paragraph [116].
The Crown Court judgment can be located at [2023] NICC 15
Application for leave to appeal sentence – cultivation of cannabis – abstracting electricity – assisting unlawful immigration – perverting the course of justice – three cannabis factories – strategic control of substantial, sophisticated and highly profitable enterprise – whether sentence for cannabis factory counts too high – whether three year consecutive sentence on top of already stiff sentence manifestly excessive – totality – deterrent sentence of 12 years appropriate – proper global sentence 13 years – sentence perverting the course of justice reduced to 1 year consecutive to other counts – total custodial sentence 13 years - leave granted - appeal allowed.
[2022]NICA 78 Fowler J , Horner LJ , Keegan LCJ
appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed
[2019] NICA72 McCloskey LJ
DPP reference – Possession of class A/B drugs with intent to supply – significant quantities of class A with high value – 3 defendants – determinate sentences of 5 yrs., 4 yrs., and 3 yrs. (6 custody plus 2½ on licence) – unduly lenient – substituted with 6½ yrs., 5 yrs., and 2yrs. (12 month plus 12 months) – earlier NI guidelines affirmed.
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.
[2013] NICA 28 Morgan LCJ
Possession of Class B drugs – intent to supply and possession of criminal property – cannabis – sentencer entitled to have regard to surrounding circumstances especially cultivation.
[2012] NICA 17 Morgan LCJ
In this judgment the Court of Appeal adopts the sentencing guidelines on indecent images issued by the English Court of Appeal in R v Oliver & Others [2002] EWCA Crim 2766.
AG’s Reference – 30 counts of making an indecent image of a child – sentenced to three years’ probation on each count to run concurrently with a condition to participate in a sex offenders programme – offending commenced when defendant was 15 - special circumstances advanced before the court that the defendant was corrupted as a child and his offending was the product of that corruption – court held rehabilitative sentence justified in this case – sentence not unduly lenient – appeal dismissed.
(The Court of Appeal in King v Andrew Maxwell [2023] NICA 21 has reaffirmed both these cases as the settled sentencing authorities in the area of indecent images of children.)
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
[2005] NICA 18 Kerr LCJ
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
Disparity
[2003] NICA 21 Carswell LCJ
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
Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.
R v Conlon 70297 CarswellLCJ Carswell LCJ
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
R v Stalford and O'Neill MacDermott LJ
Appeal against sentence - possession of ecstasy and cannabis with intent to supply - couriers.
15 December 1995MACDERMOTT LJ MacDermott LJ
Application for leave to appeal against sentence - possession with intent to supply Class A and Class B Drugs - couriers.
7 July 1995CARSWELL LJ Campbell LJ
Appeal against sentence - possession and supply of Class A and Class B drugs.
[1994] NI 258 Hutton LCJ