R v Trevor Hamilton
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJSearch decision and choose filters to show only the results you want
Conditions justifying imposition of whole life tariff
[2008] NICA 27 Kerr LCJ
Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.
[2007] NICA 49 Higgins LJ
Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.
[2007] NICA 21 Kerr LCJ
Tariff - higher starting point - domestic violence.
[2006] NICA 29 Kerr LCJ
Death resulting from single unprovoked blow. Need for deterrent sentences. Starting point should be higher in NI than in England. Starting point of 2 years, rising to 6 depending on aggravating circumstances.
[2006] NICA 27 Kerr LCJ
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
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
Correct approach to guidance contained in Practice Statement.
[2004] NICA 33 Kerr LCJ
Adoption of Practice Statement of Lord Woolf CJ.
[2004] NICA 1 Carswell LCJ
Appeal against conviction and sentence - gross negligence - shooting occurred while drunk - criminal evidence - exclusion of expert evidence of alleged mental illness - admissibility of expert opinion on the ultimate issue of gross negligence - whether "monstrously careless" equates to "gross negligence" - whether sentence manifestly excessive.
23 February 1996CARSWELL LJ Carswell LJ
Manslaughter - organised sectarian street fight - joint enterprise.
Kane & Hagan 240395 MacDermott LJ
Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.
CAMPBELL J16 DECEMBER 1994 Campbell J
Manslaughter - stabbing - provocation - whether sentence of 10 years excessive - gravity of offence against mitigating factors.
R v Murray 160793 Hutton LCJ
Sentencing - sentence of 5 years - whether unduly lenient.
AG Ref No.2 of 1992 Hutton LCJ