Conor Gerard Doyle, Attorney General's Reference No 6 of 2004 (AG Ref 16 of 2004)
Correct approach to guidance contained in Practice Statement.
[2004] NICA 33 Kerr LCJ282 results
R v Kenneth Douglas
Murder - male victim (neighbour) - mistaken belief was deceased's son - grudge - multiple blows on head from blunt object - deed admitted to close family upon realisation - drinking - victim of sexual abuse - no clear starting point - planned attack - armed with weapon in advance - made himself available to police - numerous admissions - led police to the murder weapon - age - insignificant record - remorse - tariff fixed at 13 years.
[2004] NILST 17 Kerr LCJ
Thomas Potts, Attorney General's Reference (No 5 of 2004) (AG Ref 10 of 2004)
Reference by AG - whether sentence unduly lenient - Criminal Justice Act 1988 section 36 - blackmail - paramilitary background - guilty plea - previous criminal record - sentence unduly lenient - sentence increased to five years' custody and two years' probation.
[2004] NICA 27 Kerr LCJ
R v Michael McFadden
Murder - 74 year old male victim - robbery - savage beating followed by strangulation - higher starting point - pre-meditated and undertaken to prevent identification - previous convictions for robbery - admissions to police - early plea of guilty - tariff fixed at 17 years.
[2004] NILST 16 Kerr LCJ
R v Andrew George Mawhinney
Murder - 33 year old victim (neighbour) - both intoxicated - deceased initially the aggressor - provocation unsuccessfully argued - personality disorder - limited capacity to cope with stress and anger - does not fit comfortably into either starting point - attacked with clear intention of killing - armed with hatchet and knife - repeated blows - significant previous convictions - no compelling evidence of remorse - tariff fixed at 14 years.
[2004] NILST 15 Kerr LCJ
R v James O'Malley
Murder - 37 year old female victim - multiple blows to head from heavy blunt object - considerable force - could not explain his actions - expressed remorse - clear record - early guilty plea - higher starting point - victim in state of distress having been raped before he picked her up - tariff fixed at 14 years.
[2004] NILST 14 Kerr LCJ
R v Stephen John Boyle [2004] NILST 7
Murder - drunken state - attacked 2 flatmates with hurley stick causing multiple fractures - stabbed 3rd flatmate 10 times causing death - higher starting point - had intended to attack victim - armed himself with the knife in preparation - alcohol and anger management issues - previous convictions for offences of violence (including robbery and rape) - tariff fixed at 13 years.
[2004] NICC13 Kerr LCJ
R v David Andrew Nicholson [2004] NICC 14
Murder - inebriated victim - burglary - 78 stab wounds to various parts of body - higher starting point - many aggravating features - tariff fixed at 16 years.
[2004] NICC 14 Kerr LCJ
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
R v William George Long [2004] NILST 6
Murder - 41 year old female victim (girlfriend) - domestic argument - hit repeatedly over the head with a blunt object (edge of hatchet) - claimed he and the victim had been drinking - could not remember hitting her - at trial claimed he suffered from mental impairment - does not fit comfortably into normal or higher starting point category - lengthy criminal record for violent offences - tariff fixed 14 years.
[2004] NICC 10 Kerr LCJ
R v Ignatius Patrick Gribben
Murder - male victim (previously had affair with prisoner's wife) - shot dead - claimed shooting was an accident - normal starting point - jury rejected suggestion firearm was discharged other than deliberately - some provocation - lured victim to remote house - knew he could obtain access to firearm - some attack was intended - tariff fixed at 13 years.
[2004] NILST 5 Kerr LCJ
R v Karen Elizabeth Carson [2004] NILST 3
Murder - husband victim - single stab wound to chest - intoxicated - initially alleged third party attack - then claimed self-defence - evidence prisoner had a violent temper - previously offered money to friend to murder her husband - normal starting point - a dispute between two people known to each other - still maintains that it was drunken accident - killing was a deliberate act - no pre-meditation - little evidence of genuine remorse - contested her guilt over two trials - tariff fixed at 12 years.
[2004] NICC 5 Kerr LCJ
R v Darren Larmour [2004] NILST 2
Murders - two paramilitary gun murders - convicted on his own confession - higher starting point - planned and pre-meditated - illegal firearms - armed in advance - undoubted intention to kill - medical condition - full admission of guilt - youth of offender (21) - tariff fixed at 15 years.
[2004] NICC 4 Kerr LCJ
R v Stephen Henry McParland
Murder - 33 year old male victim - assaulted after disagreement over £20 debt - denied being present - forensic evidence placed him at scene - higher starting point - culpability exceptionally high - prolonged, merciless assault - intention to kill - strong deterrent element - drinking, not drunk - 3rd person present had attempted to restrain - lengthy criminal record, conviction for violence - contested charge - no evidence of genuine remorse - made progress while in prison - tariff fixed at 16 years.
[2004] NILST 4 Kerr LCJ
R v Victor Kerr
Murder - ex-girlfriend in England - she went to his flat - strangulation - took an overdose - eventually asked neighbours to call ambulance - trial judge imposed tariff of 12 years - reduced by Home Secretary to 10 - normal starting point - attempts to clear the crime scene; attempt at deception by preparation of suicide notes - suggestion of prior domestic violence, but no clear evidence - tariff fixed at 11 years.
[2004] NILST 13 Kerr LCJ
R v Daniel John O'Connell Attorney General's Reference No 2 of 2004 (AG Ref 1 of 2004)
Rape, attempted rape and indecent assault
[2004] NICA 15 Kerr LCJ
R v William Desmond Gallagher
Conditions justifying the imposition of discretionary life sentences.
[2004] NICA 11 Kerr LCJ
R v Zoe Lynne Pearson Attorney General's Reference Number 1 of 2004 (AG Ref 17 of 2003)
AG referral of sentence as unduly lenient - armed robbery of rural post office - section 8 (1) Theft Act (Northern Ireland) 1969 – considerable violence used - taking a motor vehicle without consent Art. 172 Road Traffic (Northern Ireland) Order 1981- offender heavily pregnant when sentenced – no PSR obtained despite offender’s request - sentence unduly lenient - 27 month sentence substituted for custody probation order (2 years’ custody & 18 months’ probation).
[2004] NICA 6 Kerr LCJ
R v Trevor McCandless, Stephen Anthony Johnston, Paul James Johnston, Samuel Anderson, Kenneth John Scott
Adoption of Practice Statement of Lord Woolf CJ.
[2004] NICA 1 Carswell LCJ
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