Sentencing guidelines - Offences Which Might Have Been Tried Summarily

10 results

14 December 2016

R v Mandy Louise O'Toole

Appeal against sentence - AOABH contrary to s. 47 OAPA 1861 - 4 year sentence (2 in custody and 2 on licence) - whether starting point excessive - whether route to sentence unconventional/at risk of double counting - whether sufficient discount for plea - whether sufficient weight given to indicators of positive change - whether failure to take adequate account of fact that offence could have been prosecuted summarily - Appeal allowed - appellant pregnant - 'significant factors' meant a 2 year probation order would be substituted.

[2016] NICA 59 Weir LJ

07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64 Morgan LCJ

07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42 Morgan LCJ

26 March 2010

R v Wong Sui Ching

Credit to be given for period of foreign detention relating to subject crime.

[2010] NICA 12 Morgan LCJ

15 May 1997

R v Alan Alfred Price

Application for leave to appeal against activation of suspended sentence - whether should be credit for time spent on remand before suspended sentence was handed down.

R v Price 150597 Carswell LCJ

06 August 1993

R v Lendrum

Thirty month imprisonment for offence of burglary - whether excessive or wrong in principle - activation of suspended sentence.

[1993] 7 NIJB 78 Hutton LCJ

08 November 1991

R v Stuart James Gouldie

Suspended sentence - activation - factors to be taken into account by Court - whether sentence should be activated in its entirety.

R v Gouldie 081191 Hutton LCJ

12 January 1990

R v Adrian Martin McGrath

Suspended sentence - offence committed towards end of operational period of two suspended sentences to which appellant subject to - whether account should be taken of proximity to end of suspended sentence.

R v McGrath 120190 Hutton LCJ

08 December 1989

R v Peter England

Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - poor record of appellant and tragic background and history.

R v England 081289 Hutton LCJ

13 May 1989

R v John Ferguson

Release on licence - subsequent offence - licence revoked and prisoner ordered to be returned to prison - appeal - principles to be applied.

R v Ferguson 130589 Lowry LCJ