Sentencing guidelines - Environmental Offences

3 results

06 June 2025

King v Paul Doherty, Gerard Martin Farmer and City Industrial Waste Limited

Crown Court sentencing remarks – illegal depositing of controlled waste contrary to the provisions of the Waste and Contaminated Land (NI) Order 1997 – industrial scale – deliberate act motivated by financial gain – surrounding area a Special Area of Conservation and Area of Special Scientific Interest – Article 6 ECHR delay – guidance considered at paras [29] – [33] – sentences of 12 months and 21 months – sentencing of City Industrial Waste deferred as part of the Proceeds of Crime/Forfeiture process

[2025] NICC 13 His Honour Judge Rafferty KC

04 March 2016

R v John Paul Braniff

Offences of depositing, keep and treating controlled waste under Article 4 Waste and Contaminated Land (NI) Order 1997 – aggravating factors correctly identified – starting point should first be identified by sentencers – 12 month determinate custodial sentence (6 & 6) substituted for the earlier 18 month sentence.

[2016] NICA 9 Morgan LCJ

29 June 2012

R v David Edwin Allingham and Freda Elizabeth Allingham and R v John McKenna

This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.

Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.

[2012] NICA 29 Higgins LJ