Sentencing guidelines - Totality / Consecutive

28 results

21 October 2024

The King v John Paul Whitla

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

[2024] NICA 65 Keegan LCJ

03 May 2024

The King v Stephen McKinney

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

[2024] NICA 35 Keegan LCJ

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

[2024] NICA 22 Keegan LCJ

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

[2024] NICA 19 Keegan LCJ

05 April 2023

King v Sharyar Ali

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.

[2023] NICA 20 Keegan LCJ

20 January 2023

King v William Hutchison

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.

[2023] NICA 3 Keegan LCJ

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

01 June 2022

Queen v Christopher Robinson

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

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

[2020] NICA 63 Scoffield J

17 April 2020

R v Haggarty

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

19 September 2017

Regina v Turner (William) & Turner (James Henry)

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

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

[2017] NICA 36 McBride J

25 January 2017

R v Peter Greer

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

14 October 2014

R v Wootton & McConville

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

23 June 2011