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Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.
[2011] NICA 64 Morgan LCJ
Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.
[2011] NICA 42 Morgan LCJ
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
Section 18 OAPA 1861 - infliction of wanton violence by young males - kicking victim while on the ground - consideration of recent Sentencing Council (E&W) Consultation.
[2010] NICA 36 Morgan LCJ
Offender participating in concerted sectarian attack on group of young Roman Catholic men - one of the group left in low-level, probably vegetative state - reduced life expectancy - late plea - joint enterprise - CPO 12 years plus 1 (total: 13 years).
[2009] NICA 51 Coghlin LJ
Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.
[2009] NICA 4 Kerr LCJ
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
-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality
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
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
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
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA4 Kerr LCJ
AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.
[2003] NICA 45 Higgins J
s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants
[2001] NICA 55 Campbell LJ
Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.
R v McGuigan 141197 Kerr J
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
Appeal against sentence - strangulation - provocation - discount in respect of guilty plea - factors in mitigation.
CAMPBELL J16 DECEMBER 1994 Campbell J
Manslaughter - stabbing - provocation - whether sentence of 10 years excessive - gravity of offence against mitigating factors.
R v Murray 160793 Hutton LCJ
Sentencing - Wounding with intent - Sentence of 6 months' imprisonment and payment of £500 compensation - Whether unduly lenient - whether court should exercise discretion not to increase sentence where unduly lenient when term of imprisonment already served.
[1993] NI38 Hutton LCJ