Sentencing guidelines - Violent Offences

39 results

28 February 2025

King v Adam Potts

The Northern Ireland Court of Appeal held in most kidnapping cases a starting point of between 7 and 15 years will be likely, increasing to 18 years in the most extreme cases. The Northern Ireland Court of Appeal endorsed the aggravating elements of kidnapping set out at para [24] in R v Saqib (Harris) [2022] EWCA Crim 213. (See paras [14] – [16].)

Renewed application for leave to appeal a 14 year custodial sentence with a three year extended licence period – kidnapping - causing GBH with intent - possession of weapons – whether the starting point of 18 years prior to reduction for plea was too high – whether the sentencing judge failed to consider mitigation – whether there was disparity with a co-accused’s sentence – whether the overall sentence offended the totality principle - judge over estimated criminal record of applicant – merit in totality point - starting point too high - leave granted - sentence reduced to 12 years – three year extended licence period affirmed.

[2025] NICA 22 Keegan LCJ

27 January 2025

The King v Noel David Quigley

Appeal of a three year sentence with leave of the single judge – attempted wounding with intent to cause GBH – AOABH – offences committed against a police officer – key issue was whether the court should have reduced culpability on the basis of mental health difficulties - the general principle that a deterrent sentence not only enhances the appropriate starting point, it diminishes the impact of personal circumstances is not a rigid, inflexible rule (paragraph [33]) - court endorsed the approach in R v Doran [1995] NIJB 75 that mental illness is not an automatic reason for reducing the sentence imposed for a criminal offence and each case must be assessed on its facts (paras [39] – [42]) – judge correct to find that there could be no reduction in culpability – high culpability – low harm – suspended sentence not appropriate despite rehabilitative efforts – three year sentence approved - appeal dismissed.

[2025] NICA 6 Keegan LCJ

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.

[2023] NICA 75 McCloskey LJ

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.

[2023] NICA 18 Keegan LCJ

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

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.

[2022] NICA 69 Keegan LCJ

26 October 2022

The King v Filippo Sangermano

actual bodily harm – stabbing with nail scissors – whether sentence manifestly excessive and/or wrong – whether level of culpability unsupported by basis of plea – finding of dangerous – whether VOPO necessary – terms of extended custodial sentence licence – right to a fair trial – burden of proof on prosecution in sentencing process – compilation of pre-sentence reports – duties owed by counsel to sentencing court – emphasis on the importance of the accuracy of the basis of plea document – court adopted the principles in R v Cairns [2013] EWCA Crim 467 - appeal allowed.

[2022] NICA62 Fowler J , McBride J , McCloskey LJ

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.

[2022] UKSC 13 Sir Morgan

07 March 2022

Queen v Niall Shebani

unlawfully displaying force and making an affray - grievous bodily harm with intent and possession of an offensive weapon – whether starting point too high - 33 previous criminal convictions in Republic of Ireland - medium likelihood of reoffending - knife – whether starting point of nine years is excessive - judge may have incorrectly described it as a starting point - significant aggravating factors - duration of incident limited - sentence not manifestly excessive – appeal dismissed

[2022] NICA 9 McFarland J

07 March 2022

Queen v Christopher Hughes

guidance in relation to sentencing in cases involving multiple incidents of domestic violence - Using motor vehicle without insurance, Assault occasioning actual bodily harm, Common assault, Attempted criminal damage, Possession of an offensive weapon - other convictions and caution for common assault against mother and partner - pending prosecutions in Republic of Ireland - consideration of aggravating and mitigating factors together to reach starting point prior to discount for plea - overall not manifestly excessive - appeal dismissed.

[2022] NICA 12 Keegan LCJ

18 December 2020

R v Stewart (Jason Robert William)

renewed application for leave to appeal a determinate custodial sentence - Assault Occasioning Actual Bodily Harm – strangulation - starting point - discount for the plea - whether discount should have been applied because of the Covid pandemic – appeal dismissed

[2020] NICA 62 Morgan LCJ

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA25 Stephens LJ

12 January 2018

R v Fegan (Darren)

appeal against determinate sentence of 13½ years with extended licence period of 3 years – s. 18 GBH with intent to a 2 year old child – violent punch to head – significant brain injury and right-sided hemiplegia – wheelchair bound and visually impaired – sentence not manifestly excessive – appeal dismissed – McAuley and Seaward distinguished – court underlined vulnerability of very young children

[2018] NICA 2 Morgan LCJ

14 December 2016

R v Mandy Louise O'Toole

Appeal against sentence - AOABH contrary to s. 47 OAPA 1861 - 4 year sentence (2 in custody and 2 on licence) - whether starting point excessive - whether route to sentence unconventional/at risk of double counting - whether sufficient discount for plea - whether sufficient weight given to indicators of positive change - whether failure to take adequate account of fact that offence could have been prosecuted summarily - Appeal allowed - appellant pregnant - 'significant factors' meant a 2 year probation order would be substituted.

[2016] NICA 59 Weir LJ

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.

[2016] NICA 17 McBride J

05 November 2015

R v Brian Mongan

Wounding with intent to commit GBH (ECS 9 plus 3) threats to kill (9 plus 1 concurrent) – both lower harm and lower culpability required for lower starting point in s.18 OAPA 1861 offence – McAuley and Seaward guideline clarified – however sentencing court’s starting point here of 11yrs. was too high in a case of low harm – 9 yr. custodial element reduced to 7 – dangerousness finding approved and 3 yr. extension left undisturbed.

2015 NICA 65 Morgan LCJ

21 September 2015

R v Raymond Brownlee (Sentencing)

Wounding with intent X2; common assault X2; and false imprisonment – domestic violence – culpability high but degree of harm low – ECS of 6 plus 4 for each wounding – court underlined need to identify domestic setting as aggravating feature – dangerousness considered – delay between conviction and sentence held to be breach of Article 6 but aggravation outweighed this – appeal refused.

2015 NICA 58 Morgan LCJ

17 June 2015

R v Paul Joshua Balmer & Paula Wilson

AOABH contrary to s. 47 OAPA 1861 and common assault (co-def. aiding and abetting) – shaving victim’s hair and eyebrows while she was in alcohol induced stupor – done over two nights – striking her on the face – filming/photographing the offending – 5 year ECS manifestly excessive and replaced with determinate 4 year sentence.

2015 NICA 40 Coghlin LJ

28 June 2013

R v Todd Newton, Ruari Doey and Steven Doherty Director of Public Prosecution’s Reference (numbers 8, 9 & 10 of 2013)

Reference by DPP - attempted grievous bodily harm with intent – gratuitous violence by young males 2 of the 3 still children – s. 53 Justice (NI) Act 2002, Art. 45(2) Criminal Justice (Children) (NI) Order 1998 and Beijing Rules all considered - sentences substituted.

[2013] NICA 38 Morgan LCJ

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.

[2013] NICA 28 Morgan LCJ