R v Joanne Elizabeth Mitchell
s. 20 OAPA - neglect of a child/baby - suitability for probation.
[2005] NICA 30 Kerr LCJ216 results
David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
[2005] NICA 18 Kerr LCJ
R v George Angus McKenzie
Possessing a weapon designed to discharge a noxious liquid gas or thing, contrary to Section 6(1)(b) of Firearms (NI) Order 1981 (as amended) - questions to ask when considering appropriate disposal of firearms offences - suspended sentence - R v. Avis and Others [1998] 1 Cr App R applied.
[2005] NICA 7 Nicholson LJ
R V David Anthony McElhone
Death by dangerous driving - youth of driver - mitigation.
[2004] NICA 46 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
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 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
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 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
R v Robert Black
Appeal against sentence of six years imprisonment - attempted burglary - habitual criminality - credit for guilty plea - whether sentence manifestly excessive - appeal allowed - sentence reduced.
[2003] NICA 51 Carswell LCJ
R v Terence Joseph Ritchie
AOABH - s.47 of Offences Against the Person Act 1861 - prosecution proposed summary trial - effect on sentence.
[2003] NICA 45 Higgins J
Richard Herbert Crowe - Attorney General's Reference (No 5 of 2003)
Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.
[2003] NICA 38 Carswell LCJ
R v Ryan Thomas John Flynn AG Ref (No.3 of 2003)
Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.
[2003] NICA 32 Carswell LCJ
AG for NI (no 2 of 2003) (Gavin James Robinson) AG for NI (no 6 of 2003) (Graeme Humphreys) AG for NI (no 7 of 2003) (Colm Peter McGuone) AG for NI (no 8 of 2003) (Dean Noel James)
Sentence imposed by the court was unduly lenient - causing death by dangerous driving - causing grievous bodily injury by dangerous driving - causing death by careless driving when under the influence of drink.
[2003] NICA 28 Carswell LCJ
R v Peter Murray & Christopher Armstrong
Aggravated Burglary - arising from inter-personal dispute - lesser penalty appropriate where break in not for gain and high unlikelihood of re-offending.
[2003] NICA 24 Carswell LCJ
R v Patrick Joseph Murdock
Disparity
[2003] NICA 21 Carswell LCJ