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 J45 results
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
R v William David John McCracken
First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.
[2007] NICC 51 Treacy J
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
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
Niall David McGonigle. AG's Ref (No. 6 of 2006)
Robbery - youth offender - consecutive or concurrent sentences.
[2007] NICA 16 Kerr LCJ
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
R v Gerald Patrick Donnell
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
R v Charles Malachy Oliver Pollock
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
R v Gavin David McCartan
Proceeds of Crime - Failure to disclose information - using a false instrument (solicitor) - money laundering - custody virtually inevitable.
[2004] NICA 43
R v John Hunter
First instance sentencing decision - evasion of duty - importation of large quantity of fuel across Irish border - need to address the prevalence of such activity - assessment of role of defendant - English Guideline case Dosanjh considered.
[2002] NICC 14 Hart J
R v Michael Blair
Conspiracy to defraud the Inland Revenue - sub-contractor's tax exemption vouchers - deterrent sentences or "clang of prison gates" principle.
R v Blair 200697 Carswell LCJ
R v Brian Agnew
Conspiracy to defraud, false accounting and providing false information - mortgage fraud - whether trial judge attached sufficient weight to circumstances behind motive for committing the offences - use of transactions to re-finance appellant's debt - whether should be dealt with by "clang of prison gates" sentencing principle.
R v Agnew 060697 Carswell LCJ
R v Daniel Joseph McClean
Possession of counterfeit money with intent and lawful excuse - disparity of sentence between co-accused.
R v McClean 230597 MacDermott LJ
R v Joanne Conlon
Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.
R v Conlon 07021997 MacDermott LJ
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
R v Samuel Cosgrove Jackson
Dishonest receipt of stolen goods - artefacts of historic and cultural value - age, medical condition and previous clear record of appellant.
R v Jackson 040495 Hutton LCJ
R v Glen Kane and Raymond Hagan
Manslaughter - organised sectarian street fight - joint enterprise.
Kane & Hagan 240395 MacDermott LJ
R v Currie
Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.
CAMPBELL J16 DECEMBER 1994 Campbell J
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