Sentencing guidelines - Life Sentences – Mandatory

100 results

21 October 2024

The King v John Paul Whitla

In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).

DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years

[2024] NICA 65 Keegan LCJ

03 May 2024

The King v Stephen McKinney

This judgment provides guidance to sentencers dealing with murder cases in a domestic context where coercive and controlling behaviour is established. (See in particular paragraphs [2], [34], [52] and [66]).

Application for leave to appeal a mandatory life sentence with a minimum tariff of 20 years – murder of appellant’s wife – whether tariff manifestly excessive – court reiterated the position that pre-existing coercive and controlling behaviour is an aggravating factor that will result in higher sentences when domestic murders of this kind occur - sentences of 20 years and possibly more will be upheld – appeal dismissed

[2024] NICA 35 Keegan LCJ

10 November 2023

R v Laurence Creaney

The Court of Appeal sets out and endorses the legal principles and guidance contained in R v Tolera [1999] 1 Cr App R 29 and R v Underwood & Others [2005] 1 Cr App R 13 in respect of the interrelated considerations of pleas, basis of pleas and Newton hearings.

Renewed application for leave to appeal a sentence of three years imprisonment – arson – whether sentence manifestly excessive –whether the judge erred in rejecting the coercion claim – disparity – whether a non-custodial sentence should have been imposed – leave refused – sentence affirmed.

[2023] NICA 75 McCloskey LJ

10 November 2023

The King v Francis Devlin

Renewed application for leave to appeal a sentence of four years’ imprisonment – four counts of conspiracy to cheat the public revenue – sole issue of impact of imprisonment on applicant’s son – whether sentence should be suspended – Court of Appeal approved the application of the guidance in R v Petherick [2012] EWCA Crim 2214 in NI – circumstances not so exceptional to merit a suspension – public interest in deterrence – appeal dismissed

[2023] NICA 71 Keegan LCJ

05 April 2023

King v Sharyar Ali

This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.

DPP reference – whether sentence unduly lenient – murder of an 11 month old child – tariff of 13 years following a “Rooney” indication and after a guilty plea – child subjected to forceful assault – severe trauma to head – rib fractures – multiple blunt blows – whether judge afforded sufficient weight to aggravating factors – whether judge afforded too much weight to mitigating factors – whether reduction for guilty plea was too generous – leave granted – reference allowed – sentence quashed and replaced with a revised tariff of 16 years.

[2023] NICA 20 Keegan LCJ

16 March 2023

King v Nathan Phair and King v Padraig Toher

In this judgment the Court of Appeal provides guidance on the credit to be given for a late guilty plea where upon arraignment further evidence is outstanding.

Toher - Renewed application for leave to appeal a sentence of 12 years imprisonment - manslaughter – GBI by dangerous driving x 2 – doing an act intending to pervert the course of justice – conspiracy to possess a class A drug (cocaine) – whether the judge’s end point before reduction for the plea of guilty was manifestly excessive – whether the judge was wrong in principle to impose a sentence of four years for the drug offence and three years for perverting the course of justice – whether the judge provided sufficient reduction for the guilty plea – leave granted – appeal allowed - sentence reduced to 11 years to reflect the early guilty plea and remorse – driving disqualification of 10 years untouched

Phair - application to appeal a sentence of 11 years imprisonment and 15 year driving disqualification with leave of the single judge as to starting point – causing death by dangerous driving – causing GBI by dangerous driving – causing death by driving whilst unlicenced and uninsured – causing GBI by driving whilst unlicenced and uninsured – supplying a class A drug (cocaine) – whether the starting point of 13 years before mitigation was manifestly excessive – whether the court provided enough by way of mitigation - whether the drug offence was over sentenced – whether the 15 year driving disqualification was excessive – appeal dismissed save the period of disqualification reduced to 10 years.

[2023] NICA 18 Keegan LCJ

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

20 January 2023

King v William Hutchison

This judgment serves as a guide for sentencing in murder cases which involve domestic violence and are characterised by a prior, prolonged history of domestic violence.

This judgment serves as a guide for sentencing in murder cases which involve domestic violence and are characterised by a prior, prolonged history of domestic violence.

Renewed application for leave to appeal a 21 year minimum term imposed in connection with a mandatory life sentence following a late plea to murder – femicide case involving significant domestic violence – whether the judge erred in law when determining the appropriate sentence prior to adjustment for the plea – whether the judge failed to take into account certain factors as mitigation and made insufficient allowance for a guilty plea – court held judge did not fall into error of double counting – the applicant had a history of violence against previous partners – deliberately chose not to summon medical assistance – sentence transparent – no mitigation save for reduction for plea – no basis to interfere with the level of reduction granted – no remorse – leave refused – appeal dismissed.

[2023] NICA 3 Keegan LCJ

05 December 2022

The King v ZB

Guidance provided on sentencing for two equally serious offences on a concurrent basis applying the totality principle - GBH with intent – sexual assault by penetration of a 12 day old baby – sentence of 19 years imprisonment plus an extended period five years - whether manifestly excessive – starting point – dangerousness - culpability and harm high – whether premeditation – no mitigation save for guilty pleas – sentence not manifestly excessive – exceptional circumstances – appellant provided no explanation or offered remorse – appeal dismissed.

[2022] NICA 69 Keegan LCJ

01 June 2022

Queen v Christopher Robinson

Appeal against sentence – convicted of murder of a senior prison officer and causing an explosion with intent to endanger life – joint enterprise – mandatory life sentence with 22 year minimum term prior to release at first instance – appeal against minimum tariff of 22 years – application to extend time – whether trial judge was wrong to conclude that there was nothing by way of personal mitigation giving rise to a reduction in sentence - R v McCandless [2004] NICA 1 confirmed as leading authority on sentencing in murder cases – high culpability – high harm – case fell within the very serious category – planned – politically motivated – use of explosive device a highly aggravating factor – terrorist crimes involving serving police or prison officers can expect sentences of upwards of 20 years – personal mitigation is likely to be of limited if any value – no merit in appeal - application to extend time refused - appeal dismissed

[2022] NICA 30 Keegan LCJ

18 May 2022

R v Maughan (Appellant) (Northern Ireland)

This is a judgment given by Sir Declan Morgan in the Supreme Court which reaffirms the different approach in this jurisdiction (from E&W and Scotland) to the question of the reduction for a guilty plea in circumstances where the offender has essentially been apprehended in flagrante.

[2022] UKSC 13 Sir Morgan

11 December 2020

Queen v Thomas Valliday

appeal against sentence - escape from custody while a serving life sentence prisoner - possession of Class C drugs - whether the judge erred in directing that applicant’s consecutive sentences should commence from date that the Parole Commissioners direct his release on Life Licence under the terms of the Life Sentences (NI) Order 2001- Appeal allowed – as a matter of sentencing principle and for good offender management consecutive terms should apply from end of tariff period

[2020] NICA 63 Scoffield J

27 May 2020

R v McGrath

Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.

[2020] NICA 29 Morgan LCJ

17 April 2020

R v Haggarty

Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.

[2020] NICA 22 Morgan LCJ

12 March 2020

R v Byrne & Cash

Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.

[2020] NICA 16 Morgan LCJ

16 May 2019

R v QD Director of Public Prosecution's Reference (Number 6 of 2019)

Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.

[2019] NICA 23 Stephens LJ

08 March 2019

R v Loughlin (Michael) (DPP Reference No 5 2018)

Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.

[2019] NICA 10 Morgan LCJ

20 December 2018

R v CZ

Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated

[2018] NICA 53 Maguire J

19 September 2017

Regina v Turner (William) & Turner (James Henry)

Murder x 2 – whether reduction in tariffs for guilty plea appropriate –guidance given on range of appropriate discount and approach to be taken by sentencers.

[2017] NICA 52 Morgan LCJ

14 June 2017

The Queen v WL

Leave sought to appeal against (conviction and) sentence - indecent assault on female (x8) – rape (x8) – assaults accompanied by threats and violence – offender serving existing sentence for similar offences committed around same time – leave to appeal sentence on the ground of totality granted and appeal allowed – discretionary life tariff of 10 years replaced by one of 6 years

[2017] NICA 36 McBride J