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First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.
[2020] NICC 5 His Honour Judge McFarland
appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed
[2019] NICA72 McCloskey LJ
Whether failure to activate two previous suspended sentences and to impose a third suspended sentence unduly lenient – sexual offences - 85 year old man - numerous sexual offences involving children – sentence quashed and the two previous suspended sentences activated and pass a sentence so as to achieve an effective total determinate custodial sentence of 3 years
[2019] NICA 42 Keegan J , Stephens LJ , Treacy LJ
Whether sentence unduly lenient - multiple offences of indecent assault, buggery and attempted buggery committed on three children - offender an elderly man of 91 years - monk at Portglenone Abbey – sentences unduly lenient – sentences amended.
Neutral Citation No: [2019] NICA 26 McBride J , Morgan LCJ , Stephens LJ
Reference by DPP NI under S. 36 Criminal Justice Act 1988 as amended by S. 41(5) Justice (NI) Act 2002 – whether sentence of 5 months’ custody unduly lenient - sexual assault of a child under 13 contrary to Article 14 of the Sexual Offences (NI) Order 2008 – whether failure to impose a SOPO unduly lenient – sentence quashed and SOPO imposed.
[2019] NICA 23 Stephens LJ
Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.
[2019] NICA 10 Morgan LCJ
appeal from part of sentence which disqualified appellant from driving for period of 4 years - causing grievous bodily injury by driving carelessly when unfit to drive through drink or drugs and driving while unfit through drink or drugs - whether length of disqualification wrong in principle, manifestly excessive and failed to take into account appellant’s reliance on ability to drive to return to employment – appeal allowed
Sexual offence prevention orders - applications made to Crown Court in respect of variations, renewals and discharge, and appeals thereafter to the Court of Appeal - demarcation between appeals in respect of SOPOs imposed as part of sentence and appeals in respect of variations, renewals and discharges - need for SOPO's to be carefully formulated
[2018] NICA 53 Maguire J
appeal against determinate sentence of 13½ years with extended licence period of 3 years – s. 18 GBH with intent to a 2 year old child – violent punch to head – significant brain injury and right-sided hemiplegia – wheelchair bound and visually impaired – sentence not manifestly excessive – appeal dismissed – McAuley and Seaward distinguished – court underlined vulnerability of very young children
[2018] NICA 2 Morgan LCJ
Murder x 2 – whether reduction in tariffs for guilty plea appropriate –guidance given on range of appropriate discount and approach to be taken by sentencers.
[2017] NICA 52 Morgan LCJ
Reference by DPP under s.36 Criminal Justice Act 1988 (as amended) – gross negligence manslaughter – various breaches of health & safety at work (‘H&S’) provisions – deceased falling from roof of agricultural shed – 15 months’ imprisonment suspended for 3 years – whether suspended sentence unduly lenient – immediate sentence of 24 months (12 & 12) substituted for manslaughter and concurrent sentence of 6 months for each H&S offence.
[2017] NICA 29 Gillen LJ
Appeal against sentence – rape contrary to Article 5(1) of the Sexual Offences (NI) Order 2008 – common assault contrary to s. 47 OAPA 1861 – whether sentence for rape (ECS – 9 years in custody plus 2 on licence) manifestly excessive and/or wrong in principle – whether judge justified in concluding that there was significant risk of serious harm etcetera – Kubik applied – contesting the prosecution not an aggravating factor – Gilbert distinguished on the facts – appeal allowed – ECS of 7 plus 2 substituted.
[2017] NICA 5 Weir LJ
Application to extend time for leave to appeal sentence – murder – 20 year tariff – Plus: 1. attempted murder; 2. possession of shotgun; and, 3. handgun both with intent to endanger life – discretionary life sentences with concurrent tariffs of 20 years’ imprisonment for each offence. Planned professional killing – McCandless reaffirmed – extension of time refused on murder count and tariff on mandatory life sentence left undisturbed – tariffs of 10, 8 & 8 years’ imprisonment respectively substituted in the remaining offences extension of time and leave having been granted on those counts.
[2017] NICA 4 Morgan LCJ
Reference by DPP under s. 36 of the Criminal Justice Act 1988 - causing death by dangerous driving plus dangerous driving, failing to provide a specimen, failing to stop and failing to remain contrary to the Road Traffic (NI) Order 1995 - 7 year sentence (3 1/2 in custody and 3 1/2 on licence) - whether starting point too low - whether consecutive sentences required - whether too great a discount for plea - whether mitigation too generous - reaffirmation that all aggravating and mitigating factors to be considered first in arriving at starting point before giving discount for plea - personal mitigation less relevant in deterrent sentence - allowing for double jeopardy sentence of 9 years (4 1/2 plus 4 1/2) substituted.
[2017] NICA 1 Morgan LCJ
Appeal against sentence - AOABH contrary to s. 47 OAPA 1861 - 4 year sentence (2 in custody and 2 on licence) - whether starting point excessive - whether route to sentence unconventional/at risk of double counting - whether sufficient discount for plea - whether sufficient weight given to indicators of positive change - whether failure to take adequate account of fact that offence could have been prosecuted summarily - Appeal allowed - appellant pregnant - 'significant factors' meant a 2 year probation order would be substituted.
[2016] NICA 59 Weir LJ
Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.
[2016] NICA 27 Morgan LCJ
Appeal of part of sentence - causing grievous bodily injury by driving without due care and attention or without reasonable consideration - whether judge correct to impose three year disqualification - whether judge correct to impose extended driving test requirement - appeal allowed - disqualification period of 12 months substituted - requirement for extended driving test removed.
2016 NICA 24 Keegan J
Appeal against sentence - historic sexual abuse - discretionary life sentence - whether necessary to make finding of unstable character - whether offences sufficiently grave - whether likely future offending must be sex offences - whether alternative protective sentence could be imposed - appeal dismissed.
[2016] NICA 21 Weatherup LJ
Possession of explosives with intent to endanger life or cause serious injury to property contrary to s. 3(1)(b) of the Explosive Substances Act 1883 - reiteration of principles governing guilty pleas – need for counsel to correct any misapprehension on court’s part as to timing of guilty plea –recourse to be had to the ‘slip rule’ under s. 49(2) of the Judicature (Northern Ireland) Act 1978 when appropriate – sentence left undisturbed.
[2016] NICA 17 McBride J