Search decision and choose filters to show only the results you want
Murder - 74 year old male victim - robbery - savage beating followed by strangulation - higher starting point - pre-meditated and undertaken to prevent identification - previous convictions for robbery - admissions to police - early plea of guilty - tariff fixed at 17 years.
[2004] NILST 16 Kerr LCJ
Murder - 33 year old victim (neighbour) - both intoxicated - deceased initially the aggressor - provocation unsuccessfully argued - personality disorder - limited capacity to cope with stress and anger - does not fit comfortably into either starting point - attacked with clear intention of killing - armed with hatchet and knife - repeated blows - significant previous convictions - no compelling evidence of remorse - tariff fixed at 14 years.
[2004] NILST 15 Kerr LCJ
Murder - drunken state - attacked 2 flatmates with hurley stick causing multiple fractures - stabbed 3rd flatmate 10 times causing death - higher starting point - had intended to attack victim - armed himself with the knife in preparation - alcohol and anger management issues - previous convictions for offences of violence (including robbery and rape) - tariff fixed at 13 years.
[2004] NICC13 Kerr LCJ
Murder - 41 year old female victim (girlfriend) - domestic argument - hit repeatedly over the head with a blunt object (edge of hatchet) - claimed he and the victim had been drinking - could not remember hitting her - at trial claimed he suffered from mental impairment - does not fit comfortably into normal or higher starting point category - lengthy criminal record for violent offences - tariff fixed 14 years.
[2004] NICC 10 Kerr LCJ
Murders - two paramilitary gun murders - convicted on his own confession - higher starting point - planned and pre-meditated - illegal firearms - armed in advance - undoubted intention to kill - medical condition - full admission of guilt - youth of offender (21) - tariff fixed at 15 years.
[2004] NICC 4 Kerr LCJ
Rape, attempted rape and indecent assault
[2004] NICA 15 Kerr LCJ
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
Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence.
[2003] NICA 53 Kerr J
Unduly lenient sentence - rape and indecent assault - totality
[2003] NICA 41 Carswell LCJ
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
Offender savagely attacking former girlfriend - inflicting 25 to 30 wounds to face, neck, limbs and body - 20 years on a contest - assistance derived from Practice Statement on sentencing for murder issued by Woolf LCJ on 27 August 2002.
]2003] NICA 11 Nicholson LJ
Attempted murder - rape - destruction of unborn child - offender repeatedly striking girlfriend with stair spindle - throwing her down stairs - dragging her upstairs by hair - multiple stabbing - raping her - later striking her with vacuum cleaner hose and stamping on her head - 22 years on a contest.
[2001] NICA 52 Carswell LCJ
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
[1998] NIJB 64 Carswell LCJ
Causing death by careless driving when under influence of drink - salient factors to the extent of the carelessness - "hit and run" accident - plea of guilty.
Mullan 240498 MacDermott LJ
Dangerous driving and driving whilst disqualified - discount for guilty plea - when maximum sentence may be imposed on a guilty plea.
[1998] NIJB 64 Kerr J
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 MacDermott LJ
Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.
R v Mcilwaine MacDermott LJ 11.03.98 MacDermott LJ
Theft, burglary and attempted burglary - domestic burglary - persistent offender - guilty plea at first opportunity and request for large number of offences to be taken into consideration - whether sentence of 4 years in Young Offenders Centre excessive.
Gary John O'Keefe 16/02/1998 MacDermott LJ
Dangerous driving - causing death or grievous bodily harm - circumstances aggravating offence and circumstances mitigating offence - length of appropriate custodial sentence.
[1998] NI 58 MacDermott LJ
Conspiracy to rob and false imprisonment - plan to rob sub post office appellants caught holding the family of sub post mistress hostage - deterrent sentences - discount for guilty plea under Article 33 of the Criminal Justice (NI) Order (1996).
R v McKeown, Logal, Glasgow 181297 MacDermott LJ