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 LCJ109 results
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 Sean Kenneth Murphy
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
[2005] NICA 32 Campbell LJ
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
R v Peter Joseph McKiernan
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.
[2004] NICA 18 Kerr LCJ
R v Patrick Joseph Murdock
Disparity
[2003] NICA 21 Carswell LCJ
R v Colin Hughes
Activation of earlier suspended sentence - totality.
[2003] NICA 17 Carswell LCJ
R v John Hunter
First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.
[2002] NICC 14 Hart J
R v John Paul Patrick Francis McDonnell
Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.
[2000] 2453 Carswell LCJ
R v Daniel Lunney
Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.
R v Lunney 260399 Girvan LJ
Attorney General's Reference (No 1 of 1998) (McElwee)
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
[1998] NIJB 64 Carswell LCJ
R v McShane
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
[1998] NIJB 64 Kerr J
R v Philip Coates
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 MacDermott LJ
R v Baker and Another
Custodial sentence - seriousness of offence - offence so serious that only custodial sentence can be justified - appellants pleading guilty to charge of burglary and sentenced to six months' imprisonment - whether custodial sentence appropriate.
[1998] NI 130 MacDermott LJ
R v Donald Joseph George Richardson
Theft - offence committed while appellant on bail for another offence - imposition of consecutive sentence - totality of sentence.
R v Richardson 191297 Carswell LCJ
R v Colin McKeown, Jason Loyal & Robert Glasgow
Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).
R v McKeown, Logal, Glasgow 181297 MacDermott LJ
R v Michael Blair
Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.
R v Blair 200697 Carswell LCJ
R v Brian Agnew
Conspiracy to defraud, false accounting and providing false information - mortgage fraud - whether trial judge attached sufficient weight to circumstances behind motive for committing the offences - use of transactions to re-finance appellant's debt - whether should be dealt with by "clang of prison gates" sentencing principle.
R v Agnew 060697 Carswell LCJ
R v Daniel Joseph McClean
Possession of counterfeit money with intent and lawful excuse - disparity of sentence between co-accused.
R v McClean 230597 MacDermott LJ