Sentencing guidelines - Terrorist Offences

37 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

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]

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

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

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA25 Stephens 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

01 June 2004

Thomas John Hazlett, Attorney General's Reference (No 3 of 2004) (AG Ref 4 of 2002)

Firearms Offences - whether sentence is unduly lenient - double jeopardy.

[2004] NICA 20 Kerr LCJ

05 December 2003

R v Andre Shoukri

Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.

[2003] NICA 53 Kerr J

14 November 1997

R v Sean Patrick McGuigan

Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences.

R v McGuigan 141197 Kerr J

29 March 1996

R v Brian Joseph Arthurs

Conspiracy to cause explosion and possession of explosive substances with intent - mortar bomb which exploded accidentally - deterrent sentences for terrorist offences - whether sentence of 25 years manifestly excessive.

R v Arthurs 290396 Hutton LCJ

18 January 1996

R v Kevin McCann

Attempted murder of soldier - deterrent sentences - whether sentence of 25 years manifestly excessive - whether Court of Appeal can analyse sentences passed by other judges for similar offences.

R v McCann 180196 Hutton LCJ

17 November 1995

R v Mark Gerard Hannigan & Thomas Gerard Brogan

Attempted murder and possession of firearms with intent - joint enterprise - whether accessory had sufficient knowledge or contemplation - sentence for terrorist offences in view of cease-fire - prisoner had offended whilst released on licence.

R v Hannigan & Brogan 171195 Carswell LCJ

26 October 1995

R v David Adams, Robert Crawford, Paul Stitt, Gerard Bradley and Patrick Donaghy

Conspiracy to murder, cause an explosion and other offences - appellants elected not to challenge prosecution evidence - not the equivalent of quilty plea - deterrent sentences for terrorists - disparity of sentence between co-accused.

R v Adams & others Carswell LCJ