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This is a short addendum ruling correcting an error in sentencing within the main judgment reported at [2024] NICC 30 . Determinate custodial sentences were replaced with extended custodial sentences where necessary
[2024] NICC 36 O'Hara J
Crown Court sentencing remarks – catfishing – sextortion - manslaughter - causing or inciting girls under 13 and between the age of 13 and 16 to engage in sexual activity – blackmail – making, distributing and possessing indecent images of children – causing a person to engage in sexual activity without consent - intimidation - sexual communication with a child - offending against 70 victims worldwide – harm inevitably and indisputably huge – assessed as presenting a significant risk of serious harm – victim did not prove on the balance of probabilities that he was the victim of catfishing as a child – no previous record – pleas of guilty – some limited evidence of remorse post 2019 – numerous aggravating factors outlined at para [77] - extensive and worsening offending after his first arrest in 2016 – life sentence imposed – 20 year minimum tariff imposed with concurrent sentences in respect of the remaining counts – 10 year SOPO – disqualified from working with children – disposal order in respect of 13 devices
[2024] NICC 30 O'Hara J
In this judgment the Court of Appeal refreshes the categories in respect of sentencing for murder as previously outlined in R v McCandless [2004] NICA 1 to reflect the complexion of cases which have come before the courts in NI over the last 20 years (see paras [40] – [45]).
DPP reference - murder - false imprisonment - common assault - trespass with intent to commit a sexual offence - multiple stabbings - whether sentence unduly lenient - whether starting point for minimum tariff too low - whether judge wrong not to find pre-planning or premeditation - flaws in prosecution approach not arguing pre-planning element with necessary vigour led judge into error – multiple stabbing case such as this required an uplift on the starting point selected - sentence unduly lenient - leave granted – reference allowed - sentence quashed and replaced with revised minimum tariff of 19 years
In this judgment the Court of Appeal provides guidance on the imposition of Sexual Offences Prevention Orders (SOPOs) at paragraphs [18] and [37].
Appeal against imposition of a SOPO – sexual activity with a child between the age of 13 and 16 - causing or inciting a child between the age of 13 and 16 to engage in sexual activity - SOPO made for five years and prohibited any contact with children under 16 of either gender or the victim who is now over 18 - whether SOPO wrong in principle and terms disproportionate - breadth of order as originally framed infringed the appellant’s family life disproportionately to risk he can be found to pose to children - substituted SOPO of same duration of five years with conditions considered necessary and proportionate – principles at paragraph [18] to be applied by judges considering imposition of SOPO in this jurisdiction - SOPO’s must be tailored to circumstances of each case and cannot be presented in formulaic way to avoid disproportionate orders being made - practitioners and judges must be cognisant of the high threshold required when considering the imposition of a SOPO - appeal allowed.
This judgment provides guidance to sentencers dealing with murder cases in a domestic context where coercive and controlling behaviour is established. (See in particular paragraphs [2], [34], [52] and [66]).
Application for leave to appeal a mandatory life sentence with a minimum tariff of 20 years – murder of appellant’s wife – whether tariff manifestly excessive – court reiterated the position that pre-existing coercive and controlling behaviour is an aggravating factor that will result in higher sentences when domestic murders of this kind occur - sentences of 20 years and possibly more will be upheld – appeal dismissed
The Court of Appeal provides assistance in relation to online blackmail and sextortion (see in particular paragraphs [66] and [111]-[114])
Renewed application for leave to appeal an extended custodial sentence of six years imprisonment and four years extended licence – various sexual offences - indecent images - disclosure of private sexual photographs and films with intent to cause distress - online blackmail – sextortion - whether the starting point of nine years and the four year extension period were manifestly excessive – whether the SOPO was necessary and contrary to principle – right form of sentence attached to the wrong offences – overall sentence affirmed – leave to appeal granted – sentence restructured - appeal allowed to the extent of setting aside the invalid orders and substituting the sentences outlined in paragraph [116].
The Crown Court judgment can be located at [2023] NICC 15
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
The Court of Appeal clarifies the law and the approach to be taken with regards to sentencing in cases involving the sexual assault of children, particularly with reference to the application of R v GM [2020] NICA 49. (See in particular paragraphs [44] – [47])
DPP reference in respect of a sentence of two years imprisonment – two counts of sexual assault of a child under 13 – whether sentence unduly lenient – court not satisfied that the sentence met the very high threshold of being unduly lenient – leave granted given the issues that arose with regards to the application of R v GM – reference dismissed
Crown Court sentencing remarks which provide assistance in sentencing for the offence of the abuse of a position of trust contrary to Article 23 of the Sexual Offences (Northern Ireland) Order 2008 (See in particular paragraphs [18] – [20])
Five specimen counts of abuse of a position of trust – support worker at a children’s home – looked after child with history of addiction and mental health issues – DCS three years and six months (18 months custody and 2 years statutory supervision)
The Court of Appeal sets out guidance in relation to offences conducted over the internet which involve engaging in sexual activity in the presence of a child or causing or inciting children to engage in sexual activity. The fact that there is no direct physical contact does not alter the seriousness of such offending and the need for condign punishment.
DPP Reference to review a three year probation order – pleas of guilty in respect of a range of sexual offences against children online – whether sentence unduly lenient – delay – Reference allowed – probation order quashed and substituted with 18 months imprisonment.
This judgment serves as a guideline for appropriate sentencing in cases involving the murder of a young child.
DPP reference – whether sentence unduly lenient – murder of an 11 month old child – tariff of 13 years following a “Rooney” indication and after a guilty plea – child subjected to forceful assault – severe trauma to head – rib fractures – multiple blunt blows – whether judge afforded sufficient weight to aggravating factors – whether judge afforded too much weight to mitigating factors – whether reduction for guilty plea was too generous – leave granted – reference allowed – sentence quashed and replaced with a revised tariff of 16 years.
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.
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.
Renewed application for leave to appeal a 21 year minimum term imposed in connection with a mandatory life sentence following a late plea to murder – femicide case involving significant domestic violence – whether the judge erred in law when determining the appropriate sentence prior to adjustment for the plea – whether the judge failed to take into account certain factors as mitigation and made insufficient allowance for a guilty plea – court held judge did not fall into error of double counting – the applicant had a history of violence against previous partners – deliberately chose not to summon medical assistance – sentence transparent – no mitigation save for reduction for plea – no basis to interfere with the level of reduction granted – no remorse – leave refused – appeal dismissed.
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
guidance in relation to sentencing for rape with aggravating features - appeal against sentence - whether sentence of 20 years plus five years extended term manifestly excessive - rape whilst unconscious – did not disclose previous convictions - grievous bodily harm - attempting to choke - previous rape - no remorse - blamed victim for her injuries – starting point – transparency – methodology of sentence – sentence beyond usual range and may be unprecedented in this jurisdiction – high culpability and high harm with myriad of aggravating factors – appropriate custodial term is one 18 years – no error in 5 year extension period - appeal dismissed.
[2022] NICA 55 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
Appeal against sentencing at re-trial – whether sentence manifestly excessive - Sexual Offences Prevention Order - indecent assault on children – sentences affirmed – SOPO discharged
[2021] NICA 1 McCloskey LJ
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
Sexual Assaults contrary to Art 6 Sexual Offences (NI) Order 2008 – whether ECOs a suitable disposal.
[2020] NICA 16 Morgan LCJ
Whether failure to activate two previous suspended sentences and to impose a third suspended sentence unduly lenient – sexual offences - 85 year old man - numerous sexual offences involving children – sentence quashed and the two previous suspended sentences activated and pass a sentence so as to achieve an effective total determinate custodial sentence of 3 years
[2019] NICA 42 Keegan J , Stephens LJ , Treacy LJ
Whether sentence unduly lenient - multiple offences of indecent assault, buggery and attempted buggery committed on three children - offender an elderly man of 91 years - monk at Portglenone Abbey – sentences unduly lenient – sentences amended.
Neutral Citation No: [2019] NICA 26 McBride J , Morgan LCJ , Stephens LJ