Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)
Guilty pleas - need to plead at earliest opportunity.
[2006] NICA 4 Kerr LCJ150 results
Bernard Philip Mary Rooney, Denis Michael Dorrian, Gerard Martin Paul Irvine, Seamus Patrick Cunningham and Sean Martin Joseph Doran. Attorney General's Reference (No. 1 of 2005) (AG Ref 6-10 of 2005)
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
R v Joseph Henry Bateson
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.
[2005] NICA 37 Nicholson LJ
R v Martin Kerr Attorney General's Reference (No 4 of 2005)
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.
[2005] NICA 33 Kerr LCJ
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
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 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 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 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 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 Anthony Andrew Megarry
Multiple burglaries - domestic burglaries - early plea guilty - substantial previous record - custody probation - leave refused.
[2002] NICA 62 Carswell LCJ
R v Alan Jones
s.20 OAPA - attack on public servant - bus driver - need to ensure sentencing affords adequate protection for public servants
[2001] NICA 55 Campbell LJ