R v Morrin
Further guidance on the steps to take in assessing the appropriate minimum term in mandatory life sentences.
[2011] NICA 24 Hart J283 results
R v William Brady
Social security fraud - review of sentencing decisions in this area - imposition of compensation order.
[2011] NICA 4 Girvan LJ
R v Eamonn Coyle
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
R v E B
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.
[2010] NICA 40 Morgan LCJ
R v Anthony Joseph McAuley and Paul Ronan Seaward, Director of Public Prosecution’s Reference (Numbers 2 and 3 of 2010)
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
R v SG
Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003.
[2010] NICA 32 Morgan LCJ
R v Thomas Corrigan
Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.
[2010] NICA 23 Morgan LCJ
R v Wong Sui Ching
Credit to be given for period of foreign detention relating to subject crime.
[2010] NICA 12 Morgan LCJ
R v Conrad Trafford Doole
Causing death by careless driving - Article 11A, Road Traffic (NI) Order 1995 - first guidance - assistance from Sentencing Guidelines Council Guideline.
[2010] NICA 11 Morgan LCJ
Attorney General's Reference (No 8 of 2009) Christopher McCartney
In this judgment the Court of Appeal adopts the sentencing guidelines on indecent images issued by the English Court of Appeal in R v Oliver & Others [2002] EWCA Crim 2766.
AG’s Reference – 30 counts of making an indecent image of a child – sentenced to three years’ probation on each count to run concurrently with a condition to participate in a sex offenders programme – offending commenced when defendant was 15 - special circumstances advanced before the court that the defendant was corrupted as a child and his offending was the product of that corruption – court held rehabilitative sentence justified in this case – sentence not unduly lenient – appeal dismissed.
(The Court of Appeal in King v Andrew Maxwell [2023] NICA 21 has reaffirmed both these cases as the settled sentencing authorities in the area of indecent images of children.)
R Darryl John Proctor
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
R v CK a minor
Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.
[2009] NICA 17 Kerr LCJ
R v Alan Stewart
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
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 J
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 James Junior McKinstry Craig
Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years.
[2008] NILST 13 Kerr LCJ
R v John Smith
Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years.
[2008] NILST 9 Kerr LCJ
R v Samuel Shannon
Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.
[2008] NICA 38 Campbell LJ
R v Damien Gibbons, Declan Stilges and David Martin Crone. AG's Ref (No 1 of 2008)
Reference by AG of sentence as unduly lenient - robbery - whether other offenders knew of intention to use knife of obvious importance to sentencing exercise – failure to cite relevant guideline authorities to sentencing judge - sentences imposed for robbery unduly lenient - quashed and substituted.
[2008] NICA 41 Kerr LCJ
R v Christopher McMillan
Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years.
[2008] NILST 8 Kerr LCJ