Sentencing guidelines - Orders Ancillary to Sentence

31 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

21 June 2024

The King v Michael Beattie

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.

[2024] NICA 51 Keegan LCJ

27 May 2020

R v McGrath

Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.

[2020] NICA 29 Morgan LCJ

16 May 2019

R v QD Director of Public Prosecution's Reference (Number 6 of 2019)

Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.

[2019] NICA 23 Stephens LJ

20 December 2018

R v CZ

Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated

[2018] NICA 53 Maguire J

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

14 September 2015

R v Sean Hackett

Manslaughter on ground of diminished responsibility and 2 X possession of a firearm with intent – planned killing of offender’s father – impaired judgement – assessed as presenting further risk of serious harm – whether life sentence necessary – whether ICS adequately considered – whether 10 yr. tariff appropriate – whether conclusion that responsibility was relatively high correct – fresh medical evidence received on appeal establishing lower culpability – ICS with specified period of 7 years substituted for manslaughter and two with specified period of 4 for firearms convictions.

2015 NICA 57 Morgan LCJ

22 May 2015

R v Donna McCool and Michael Harkin

False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.

2015 NICA 31 Morgan LCJ

25 March 2015

R v Gerard McCormick

Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.

2015 NICA 14 Morgan LCJ

21 January 2015

R v Gabriel Mackle

Convictions under s. 3(1)(b) of the Explosive Substances Act 1883, and article 58(1) of the Firearms (Northern Ireland) Order 2004 – whether forfeiture order in respect of motorbike lawful – title to the item subject to hire purchase in brother’s name - nemo dat quod non habet – order quashed.

2015 NICA 5 Girvan LJ

18 December 2014

R v Michael Simpson

Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.

[2014] NICA 83 Coghlin LJ

15 March 2013

R v Leonard Henry Warwick

Money laundering offences, forgery, VAT fraud, mortgage fraud and deception - bank accounts in Isle of Man and NI - false identification and documents - whether confiscation order should have included accounts in own name or in fictional names - whether fruits of the accounts not enjoyed - most of monies going to others involved in the criminal enterprise.

[2013] NICA 13 Girvan LJ

29 June 2012

R v David Edwin Allingham and Freda Elizabeth Allingham and R v John McKenna

This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.

Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.

[2012] NICA 29 Higgins LJ

29 September 2011

R v J Crolly

Guidance on the correct approach to sentencing for manslaughter on the basis of diminished responsibility.

[2011] NICA 58 Higgins LJ

30 June 2011

R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle

Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.

[2011] NICA 31 Girvan LJ

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

02 December 2008

R v Paul McMillan

First instance decision - offender with lengthy history of severe alcoholism, depression and delirium tremens - consideration of English guideline cases dealing with diminished responsibility.

[2008] NICC 40 Hart J

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