Sentencing guidelines - Totality / Consecutive

22 March 2024

The King v Gavin Coyle

The Court of Appeal adopts, at paragraph [37] and [38], the principles set out in R v Green [2019] EWCA Crim 196 when deciding what, if any, impact a previous sentence for similar related offences should have when passing the new sentence.

DPP reference and application for leave to appeal the six year sentence by the defendant – terrorism offences - whether 12 year starting point correct – whether there was culpable delay for which a deduction from sentence should have been made – totality - appellant had, since the index offences took place, been sentenced to 10 years imprisonment in 2014 in respect of terrorism offences - whether max credit should have been given for the guilty plea – sentence unduly lenient – leave granted – substituted a sentence of 8 years imprisonment (2/3 in custody) – appeal dismissed

08 March 2024

The King v Jonathan Hutton

At paragraph [58] of this judgment the Court of Appeal, while decrying an unduly mechanistic approach, provides guidance to assist sentencing judges when dealing with multiple offence, multiple victim cases.

Application to appeal a sentence of 12 years imprisonment – variety of sexual offences – two young female victims – totality – transparency - a sentence in the region of 11-12 years held to be appropriate - appeal dismissed

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.

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.

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.

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.

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

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

16 March 2016

R v Sean Ruddy

Possession of explosives with intent to endanger life or cause serious injury to property contrary to s. 3(1)(b) of the Explosive Substances Act 1883 - reiteration of principles governing guilty pleas – need for counsel to correct any misapprehension on court’s part as to timing of guilty plea –recourse to be had to the ‘slip rule’ under s. 49(2) of the Judicature (Northern Ireland) Act 1978 when appropriate – sentence left undisturbed.

17 May 2013

R v Gary McKeown; DPP Ref (No 2 of 2013) and R v Han Lin

Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.

17 May 2013

Queen v Gary McKeown, Director of Public Prosecution’s Reference (Number 2 of 2013), The Queen v Han Lin

16 December 2011

R v James John Stewart Caswell

Causing grievous bodily injury by dangerous driving – need for sentencing court to establish factual basis of plea – proper approach to use of Guidelines – culpability rarely judged by consequence being serious injury rather than death.

10 March 2006

R v D O

Rape, Buggery, Totality

24 February 2006

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.

11 November 2005

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.

27 October 2005

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.

04 July 2005

R v Sean Kenneth Murphy

GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.

09 May 2003

R v Colin Hughes

Activation of earlier suspended sentence - totality.

16 March 1998

R v McShane

Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.

06 March 1998

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.