King v Sharyar Ali
This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.
[2023] NICA 20 Keegan LCJSearch decision and choose filters to show only the results you want
This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.
[2023] NICA 20 Keegan LCJ
This judgment serves as a guide for sentencing in murder cases which involve domestic violence and are characterised by a prior, prolonged history of domestic violence.
[2023] NICA 3 Keegan LCJ
Appeal against sentence – convicted of murder of a senior prison officer and causing an explosion with intent to endanger life – joint enterprise – mandatory life sentence with 22 year minimum term prior to release at first instance – appeal against minimum tariff of 22 years – application to extend time – whether trial judge was wrong to conclude that there was nothing by way of personal mitigation giving rise to a reduction in sentence - R v McCandless [2004] NICA 1 confirmed as leading authority on sentencing in murder cases – high culpability – high harm – case fell within the very serious category – planned – politically motivated – use of explosive device a highly aggravating factor – terrorist crimes involving serving police or prison officers can expect sentences of upwards of 20 years – personal mitigation is likely to be of limited if any value – no merit in appeal - application to extend time refused - appeal dismissed
[2022] NICA 30 Keegan LCJ
Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.
[2020] NICA 29 Morgan LCJ
Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.
[2020] NICA 22 Morgan LCJ
Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.
[2019] NICA 23 Stephens LJ
Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated
[2018] NICA 53 Maguire J
Murder x 2 – whether reduction in tariffs for guilty plea appropriate –guidance given on range of appropriate discount and approach to be taken by sentencers.
[2017] NICA 52 Morgan LCJ
Reference by DPP under s.36 Criminal Justice Act 1988 (as amended) – gross negligence manslaughter – various breaches of health & safety at work (‘H&S’) provisions – deceased falling from roof of agricultural shed – 15 months’ imprisonment suspended for 3 years – whether suspended sentence unduly lenient – immediate sentence of 24 months (12 & 12) substituted for manslaughter and concurrent sentence of 6 months for each H&S offence.
[2017] NICA 29 Gillen LJ
Application to extend time for leave to appeal sentence – murder – 20 year tariff – Plus: 1. attempted murder; 2. possession of shotgun; and, 3. handgun both with intent to endanger life – discretionary life sentences with concurrent tariffs of 20 years’ imprisonment for each offence. Planned professional killing – McCandless reaffirmed – extension of time refused on murder count and tariff on mandatory life sentence left undisturbed – tariffs of 10, 8 & 8 years’ imprisonment respectively substituted in the remaining offences extension of time and leave having been granted on those counts.
[2017] NICA 4 Morgan LCJ
Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.
2015 NICA 57 Morgan LCJ
False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.
2015 NICA 31 Morgan LCJ
Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.
2015 NICA 14 Morgan LCJ
Convictions under s. 3(1)(b) of the Explosive Substances Act 1883, and article 58(1) of the Firearms (Northern Ireland) Order 2004 – whether forfeiture order in respect of motorbike lawful – title to the item subject to hire purchase in brother’s name - nemo dat quod non habet – order quashed.
2015 NICA 5 Girvan LJ
Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.
[2014] NICA 83 Coghlin LJ
Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.
[2014] NICA 69 Morgan LCJ
Money laundering offences, forgery, VAT fraud, mortgage fraud and deception - bank accounts in Isle of Man and NI - false identification and documents - whether confiscation order should have included accounts in own name or in fictional names - whether fruits of the accounts not enjoyed - most of monies going to others involved in the criminal enterprise.
[2013] NICA 13 Girvan LJ
This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.
Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.
Guidance on the correct approach to sentencing for manslaughter on the basis of diminished responsibility.
[2011] NICA 58 Higgins LJ
Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.
[2011] NICA 31 Girvan LJ