R v Leon Owens
Assault occasioning Actual Bodily Harm – extended custodial sentence – whether sentence manifestly excessive – test for dangerousness under Article 15 of 2008 Order not met.
[2011] NICA 48 Morgan LCJ135 results
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
R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle
Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.
[2011] NICA 31 Girvan LJ
R v E B
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.
[2010] NICA 40 Morgan LCJ
R v Wong Sui Ching
Credit to be given for period of foreign detention relating to subject crime.
[2010] NICA 12 Morgan LCJ
R v CK a minor
Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.
[2009] NICA 17 Kerr LCJ
Attorney General's Reference (Number 1 of 2009) Gareth McCaughan
How sentencers should approach the issue of custody probation.
[2009] NICA 2 Kerr LCJ
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
R v James Junior McKinstry Craig
Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.
[2008] NILST 13 Kerr LCJ
R v John Smith
Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.
[2008] NILST 9 Kerr LCJ
R v Christopher McMillan
Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.
[2008] NILST 8 Kerr LCJ
R v Nicholas Evans
Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.
[2008] NILST 12 Kerr LCJ
R v William Murphy
Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.
[2008] NILST 7 Kerr LCJ
R v William Campbell
Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.
[2008] NILST 6 Kerr LCJ
R v Victor Graham
Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.
[2008] NILST 14 Kerr LCJ
R v Andrew Neville Browne
Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.
[2008] NILST 11 Kerr LCJ
R v Stephen Geoffrey Irwin
Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.
[2008] NILST 5 Kerr LCJ
R v William Sloan
Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.
[2008] NILST 10 Kerr LCJ
R v Trevor James Leslie McKeown
Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years.
[2008] NILST 3 Kerr LCJ
R v John Kerr
Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years.
[2008] NILST 2 Kerr LCJ