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Death resulting from two stab wounds to front of chest - 'deliberate and substantial violence' - no penalty for late plea in circumstances - appropriate in certain circumstances to go outside the range of 8 to 15 years on contest for cases falling outside upper range of gravity identified in Magee - 13 years not excessive on a plea.
[2007] NICA 49 Higgins LJ
Application for leave to appeal against a sentence imposed at Newry Crown Court in 2005 - whether sentence manifestly excessive - manslaughter - 9 years imprisonment and 3 years probation - whether provocation or self defence - alcohol and drug misuse - guidance on sentence after a not guilty plea - guidance on aggravating factors - application for leave to appeal dismissed.
[2007] NICA 21 Kerr LCJ
Murder - intoxicated 27 year old male victim - died 55 days later - unprovoked and pitiless attack - not a lower starting point case - prisoner's record displayed an aggressive and violent propensity - remorse not evident at trial - progress while in prison - tariff fixed at 15 years.
[2007] NILST 1 Kerr LCJ
Murder - 83 year old widow - burglary - beaten and stabbed - gratuitously violent - house deliberately set on fire - higher starting point - criminal record - progress while in prison - accepts responsibility for stabbing victim - tariff fixed at 15 years.
[2007] NILST 7 Kerr LCJ
Rape, assault and burglary
[2006] NICA 36 Kerr LCJ
Murder - victim 83 year old widow - burglary - beaten and stabbed - house deliberately set on fire - higher starting point reduced - prisoner's youth (16) at time of offence - previous convictions for burglary - co-accused admitted stabbing victim - tariff fixed at 14 years.
[2006] NILST 2 Kerr LCJ
Manslaughter - GBH with intent - drunkenness and mitigation.
[2006] NICA 8 Shiel LJ
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ
This is the guideline judgment which authoritatively lays down correct procedure to be followed in this jurisdiction when a sentencing indication is sought by a defendant.
[2005] NICA 44 Kerr LCJ
Death of constable struck by car attempting to avoid police stinger device after a chase. Aggravation and mitigation - effect of lack of intention. 12 year sentence not unreasonable - Also statement that there should be less discount for a plea of guilty caught red handed.
[2005] NICA 43 Kerr LCJ
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
[2005] NICA 37 Nicholson LJ
GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.
[2005] NICA 32 Campbell LJ
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
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
Murder and attempted murder - 18 year old female victim - stabbing - fled scene - previous record for violence - higher starting point - killed to let prisoner escape - failure to respond to previous sentences - youth (20) - personality difficulties - tariff fixed at 17 years.
[2005] NILST 4 Kerr LCJ
Rape and murder - 22 year old female victim - broke into home - multiple blows to head by blunt metal instrument - initially denied offence - confessed when confronted by evidence - claimed the attack was the result of a psychotic episode - no supporting evidence - higher starting point - age - belated plea of guilty - tariff fixed at 21 years.
[2005] NILST 2 Kerr LCJ
One of several men who attacked male victim after night out at nightclub - higher starting point - concerted, savage, merciless attack - substantial sentence for the retribution and deterrence aspects - no tangible evidence of genuine remorse - conceivable did not intend to kill - tariff fixed at 15 years.
[2005] NILST 1 Kerr LCJ
Murder - 20 year old female victim - girlfriend - shot in face - sawn off shotgun - handed himself in to police - maintains accidential discharge - jury rejected this - no assigned starting point - possession indicates pre-planning - record of crimes of violence - admission and remorse - tariff fixed at 14 years.
[2004] NILST 23 Kerr LCJ
Murder - girlfriend's young son who was ill - higher starting point - kicked child twice - evidence of at least intention to inflict GBH - broke down under interview and made admissions - no responsibility for his actions - considered and deliberate attack - not momentary loss of control - tariff fixed at 16 years.
[2004] NILST 19 Kerr LCJ
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