R v Patrick McColgan
Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence.
[2006] NICA 41 Kerr LCJ250 results
R v Michael John Gilbert (AG Ref No 3 of 2006)
Rape, assault and burglary
[2006] NICA 36 Kerr LCJ
R v Andrew Robinson
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
R v Ryan Quinn
Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.
[2006] NICA 27 Kerr LCJ
R v Gerald Patrick Donnell
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
R v D O
Rape, Buggery, Totality
[2006] NICA 7 Kerr LCJ
Gary McDonald, John Keith McDonald and Stephen Gary Maternaghan, Attorney General's Reference (Number 1 of 2006) (AG REF 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
[2005] NICA 44 Kerr LCJ
R v Charles Malachy Oliver Pollock
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
R v Joseph Henry Bateson
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
[2005] NICA 37 Nicholson LJ
R v Martin Kerr Attorney General's Reference (No 4 of 2005)
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.
[2005] NICA 33 Kerr LCJ
R v Sean Kenneth Murphy
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
[2005] NICA 32 Campbell LJ
R v Joanne Elizabeth Mitchell
s. 20 OAPA - neglect of a child/baby - suitability for probation.
[2005] NICA 30 Kerr LCJ
David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)
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
R v George Angus McKenzie
Possessing a weapon designed to discharge a noxious liquid gas or thing, contrary to Section 6(1)(b) of Firearms (NI) Order 1981 (as amended) - questions to ask when considering appropriate disposal of firearms offences - suspended sentence - R v. Avis and Others [1998] 1 Cr App R applied.
[2005] NICA 7 Nicholson LJ
R V David Anthony McElhone
Death by dangerous driving - youth of driver - mitigation.
[2004] NICA 46 Kerr LCJ
R v Gavin David McCartan
Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.
[2004] NICA 43
Conor Gerard Doyle, Attorney General's Reference No 6 of 2004 (AG Ref 16 of 2004)
Correct approach to guidance contained in Practice Statement.
[2004] NICA 33 Kerr LCJ
Thomas Potts, Attorney General's Reference (No 5 of 2004) (AG Ref 10 of 2004)
Reference by AG - whether sentence unduly lenient - Criminal Justice Act 1988 section 36 - blackmail - paramilitary background - guilty plea - previous criminal record - sentence unduly lenient - sentence increased to five years' custody and two years' probation.
[2004] NICA 27 Kerr LCJ