Sentencing guidelines - Terrorist Offences

80 results

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

02 February 2024

The King v Fionnghuale Mary Theresa Dympha Marie Nuala Perry

The Court of Appeal sets out best sentencing practice in terrorism cases with reference to the new statutory sentencing regime at paragraphs [33] – [36].

Appeal against a sentence of four years imprisonment and 12 month licence period – collecting or making a record of information likely to be useful to a terrorist – whether sentence manifestly excessive – whether the sentence was a product of an error of law relating to the new sentencing regime – article 7 ECHR – new approach applied by sentencing judge – one year licence period applied by operation of law rather than any judicial decision or act – no error of law – court reemphasised where a deterrent sentence is required personal mitigation carries little weight – appeal dismissed

[2024] NICA 11 McCloskey LJ

19 April 2023

Morgan and others (Respondents) v Ministry of Justice (Appellant) (Northern Ireland)

A judgment of the UKSC on appeal from NI in which it was unanimously held that section 30 of the Counter-Terrorism and Sentencing Act 2021, which inserted Article 20A into the Criminal Justice (Northern Ireland) Order 2008, is compatible with article 7 and article 5 of the ECHR.

UKSC 14 [2023]

23 September 2022

The King v Niall Lehd

Appeal against an extended custodial sentence of 24 years imprisonment with an extension period of 5 years – preparation of acts of terrorism - whether the sentencing judge had erred in principle by basing his approach on the guidelines as stated in R v Kahar [2016] EWCA Crim 568 rather than the SGC Guideline – whether NICA should formulate guidelines for sentencing of offences under section 5(1) of the Terrorism Act 2006 - whether the sentence is manifestly excessive– whether the judge erred in deciding that the appellant is dangerous - sentencing judge was not obliged to apply the SGC Guideline - the judge was entitled to base sentencing on R v Kahar in the absence of NICA guidance - no merit in the challenge to the starting point – no merit in the challenge to the judge’s assessment of mitigating factors – no error in the assessment of dangerousness – held not appropriate for NICA to formulate guidance for section 5(1) cases - sentencing judges at liberty in section 5 cases to consider R v Kahar and the SGC Guideline – appeal dismissed

[2022] NICA 51 McCloskey LJ

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

15 January 2021

Queen v Christine Connor

appeal against sentence and DPP’s Reference – terrorist offences – causing explosion and attempted murder – 20-year ECS with 4-year extension period – whether sentence manifestly excessive or unduly lenient – intent - sentencing of the trial judge unsustainably generous – substitution by a sentence of 25 years’ imprisonment accompanied by 4-year extension period - sentence varied upwards.

[2021] NICA 3 McCloskey LJ

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

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

24 January 2014

Ryan McDowell, Attorney General's Reference (No 17 of 2013)

Making/possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – DPP’s Reference – sectarian motivation – 2 years’ probation and 100 hours’ community service – sentencing recommendation in victim impact statements not to form basis for reassessing sentencing – while deterrent custodial sentences normally required for sectarian violence the individual circumstances meant the sentence should not be interfered with.

[2014] NICA 6 Coghlin LJ

10 December 2013

R v Gareth Edward Marcus, DPP Ref (No 1 of 2013), Reference under Section 36 of the Criminal Justice Act 1988

Possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – causing an explosion likely to endanger life or to cause injury to property – s.2 Explosive Substances Act 1883 – DPP’s Reference – sectarian motivation – need for deterrent sentencing – 4 years’ imprisonment suspended for 3 years – unduly lenient but not interfered with.

[2013] NICA 73 Coghlin LJ

22 September 2008

R v James Junior McKinstry Craig

Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.

[2008] NILST 13 Kerr LCJ

03 September 2008

R v John Smith

Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.

[2008] NILST 9 Kerr LCJ

17 July 2008

R v Christopher McMillan

Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.

[2008] NILST 8 Kerr LCJ

26 May 2008

R v Nicholas Evans

Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years.

[2008] NILST 12 Kerr LCJ

19 May 2008

R v William Murphy

Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years.

[2008] NILST 7 Kerr LCJ

19 May 2008

R v William Campbell

Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years.

[2008] NILST 6 Kerr LCJ

01 April 2008

R v Victor Graham

Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years.

[2008] NILST 14 Kerr LCJ

01 April 2008

R v Andrew Neville Browne

Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years.

[2008] NILST 11 Kerr LCJ

06 March 2008

R v Stephen Geoffrey Irwin

Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse - tariff fixed at 30 years.

[2008] NILST 5 Kerr LCJ

04 March 2008

R v William Sloan

Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years.

[2008] NILST 10 Kerr LCJ