Attorney General's Reference (Number 1 of 2009) Gareth McCaughan
How sentencers should approach the issue of custody probation.
[2009] NICA 2 Kerr LCJ120 results
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 Daniel McArdle
-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality
R v Jonathan Gerard Patrick Turley
First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).
[2008] NICC 18 Hart J
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 LCJ
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 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
R v Peter Joseph McKiernan
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order.
[2004] NICA 18 Kerr LCJ
R v Terence Joseph Ritchie
AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.
[2003] NICA 45 Higgins J
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 Brian Anthony Edwards
Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.
]2003] NICA 11 Nicholson LJ
R v Colin Victor McDonald
Attempted murder - rape - destruction of unborn child - offender repeatedly striking girlfriend with stair spindle - throwing her down stairs - dragging her upstairs by hair - multiple stabbing - raping her - later striking her with vacuum cleaner hose and stamping on her head - 22 years on a contest.
[2001] NICA 52 Carswell LCJ
R v Alan Jones
s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants
[2001] NICA 55 Campbell LJ
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