Sentencing guidelines - Multiple Issue Sentencing Cases

17 results

28 January 2025

The King v Barry Donnelly

The Court of Appeal provides guidance in respect of sentencing for manslaughter in cases of diminished responsibility at paragraphs [32] and [38] – [42]).

Appeal with leave of the single judge in respect of a nine year minimum term – manslaughter – diminished responsibility – schizophrenia – floridly psychotic – appellant negligent about taking care of his own health - possession of offensive weapons – AOABH – whether judge misjudged the appellant’s culpability leading to a manifestly excessive sentence - judge assessed culpability within the medium bracket – held to be appropriate – sentence not manifestly excessive – appeal dismissed.

[2025] NICA 7 Keegan LCJ

18 December 2024

The King v Alexander McCartney

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

25 October 2024

King v Alexander McCartney

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

12 April 2024

The King v O'Loughlin

This is the first Encrochat sentencing judgment in NI.

Crown Court sentencing remarks – various drug offences - Proceeds of Crime Act offences – firearms offences – conspiracy to cause GBH – conspiracy to commit murder - material obtained from the Encrochat network by the NCA through a joint French and Dutch police investigation – 12 years imprisonment.

[2024] NICC 12 His Honour Judge Rafferty KC

18 May 2017

R v Norman McKenzie

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

30 June 2015

R V TH

Sexual Assault by penetration together with Common Assault, Criminal Damage and Possession of Class B Drug – digital penetration and further degradation of victim in her home accompanied by acts of violence and destruction. Total sentence of 18 months’ imprisonment plus 18 months on licence – appeal refused and sentence upheld – recent definitive Guideline from E&W considered – need for victim’s medical reports to be supported by notes and records underlined.

2015 NICA 48 Treacy J

27 June 2013

R v Kevin Brannigan DPP's Ref (No.7 of 2013)

Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.

[2013] NICA 39 Morgan LCJ

21 December 2010

R v Eamonn Coyle

Offender pleaded guilty to manslaughter at commencement of retrial for murder (of his grandfather) - aged 16 at the time - went to grandfather's home to get money - grabbed grandfather by neck probably causing death - offender armed with knife - two puncture wounds on deceased's neck.

[2010] NICA 48 Morgan LCJ

29 September 2008

R v Mark John Rush

Deceased crossing road and deliberately striking offender - offender then striking deceased - several blows 'of moderate severity' - public location not of offender's choosing - offender a long term alcoholic with impaired ability to defend himself - facts distinguished from Quinn.

[2008] NICA 43 Coghlin LJ

09 November 2007

R v Glenn Paul Harwood

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

15 June 2007

R v Stephen Magee

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

02 June 2006

R v Ryan Quinn

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

10 March 2006

R v Gerald Patrick Donnell

Manslaughter - GBH with intent - drunkenness and mitigation.

[2006] NICA 8 Shiel LJ

23 February 1996

R v Balmer

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

16 December 1994

R v Currie

Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.

CAMPBELL J16 DECEMBER 1994 Campbell J

16 July 1993

R v Michael Malachy Murray

Manslaughter - stabbing - provocation - whether sentence of 10 years excessive - gravity of offence against mitigating factors.

R v Murray 160793 Hutton LCJ

26 November 1991

Attorney General's Reference (No 1 of 1991)

Defendants assaulted police officers in an effort to escape after committing burglary - distinction between attempt to resist arrest and intent to inflict grievous bodily harm - concurrent and consecutive sentence - whether sentence for initial offence should be fixed independently of assault - whether sentence unduly lenient.

[1991] 9 NIJB 72 Hutton LCJ