Sentencing guidelines - Personal Mitigating Circumstances – Good Character

5 results

14 December 2016

R v Mandy Louise O'Toole

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

07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64 Morgan LCJ

07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42 Morgan LCJ

03 May 1996

R v Stalford and O'Neill

Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.

R v Stalford and O'Neill MacDermott LJ

14 June 1991

R v Rosaleen McCorley

Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive.

[1991] 4 NIJB 70 Hutton LCJ