Sentencing guidelines - Totality / Consecutive

25 results

21 June 2024

The King v Michael Beattie

In this judgment the Court of Appeal provides guidance on the imposition of Sexual Offences Prevention Orders (SOPOs) at paragraphs [18] and [37].

Appeal against imposition of a SOPO – sexual activity with a child between the age of 13 and 16 - causing or inciting a child between the age of 13 and 16 to engage in sexual activity - SOPO made for five years and prohibited any contact with children under 16 of either gender or the victim who is now over 18 - whether SOPO wrong in principle and terms disproportionate - breadth of order as originally framed infringed the appellant’s family life disproportionately to risk he can be found to pose to children - substituted SOPO of same duration of five years with conditions considered necessary and proportionate – principles at paragraph [18] to be applied by judges considering imposition of SOPO in this jurisdiction - SOPO’s must be tailored to circumstances of each case and cannot be presented in formulaic way to avoid disproportionate orders being made - practitioners and judges must be cognisant of the high threshold required when considering the imposition of a SOPO - appeal allowed.

[2024] NICA 51 Keegan LCJ

22 March 2024

The King v Gavin Coyle

The Court of Appeal adopts, at paragraph [37] and [38], the principles set out in R v Green [2019] EWCA Crim 196 when deciding what, if any, impact a previous sentence for similar related offences should have when passing the new sentence.

DPP reference and application for leave to appeal the six year sentence by the defendant – terrorism offences - whether 12 year starting point correct – whether there was culpable delay for which a deduction from sentence should have been made – totality - appellant had, since the index offences took place, been sentenced to 10 years imprisonment in 2014 in respect of terrorism offences - whether max credit should have been given for the guilty plea – sentence unduly lenient – leave granted – substituted a sentence of 8 years imprisonment (2/3 in custody) – appeal dismissed

[2024] NICA 22 Keegan LCJ

08 March 2024

The King v Jonathan Hutton

At paragraph [58] of this judgment the Court of Appeal, while decrying an unduly mechanistic approach, provides guidance to assist sentencing judges when dealing with multiple offence, multiple victim cases.

Application to appeal a sentence of 12 years imprisonment – variety of sexual offences – two young female victims – totality – transparency - a sentence in the region of 11-12 years held to be appropriate - appeal dismissed

[2024] NICA 19 Keegan LCJ

05 December 2022

The King v ZB

Guidance provided on sentencing for two equally serious offences on a concurrent basis applying the totality principle - GBH with intent – sexual assault by penetration of a 12 day old baby – sentence of 19 years imprisonment plus an extended period five years - whether manifestly excessive – starting point – dangerousness - culpability and harm high – whether premeditation – no mitigation save for guilty pleas – sentence not manifestly excessive – exceptional circumstances – appellant provided no explanation or offered remorse – appeal dismissed.

[2022] NICA 69 Keegan LCJ

11 December 2020

Queen v Thomas Valliday

appeal against sentence - escape from custody while a serving life sentence prisoner - possession of Class C drugs - whether the judge erred in directing that applicant’s consecutive sentences should commence from date that the Parole Commissioners direct his release on Life Licence under the terms of the Life Sentences (NI) Order 2001- Appeal allowed – as a matter of sentencing principle and for good offender management consecutive terms should apply from end of tariff period

[2020] NICA 63 Scoffield J

27 May 2020

R v McGrath

Common assault and breach of restraining order – Violent Offender Prevention Order (‘VOPO’) – clarification concerning ‘qualifying offences’ for the making of a VOPO.

[2020] NICA 29 Morgan LCJ

16 May 2019

R v QD Director of Public Prosecution's Reference (Number 6 of 2019)

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

20 December 2018

R v CZ

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

14 June 2017

The Queen v WL

Leave sought to appeal against (conviction and) sentence - indecent assault on female (x8) – rape (x8) – assaults accompanied by threats and violence – offender serving existing sentence for similar offences committed around same time – leave to appeal sentence on the ground of totality granted and appeal allowed – discretionary life tariff of 10 years replaced by one of 6 years

[2017] NICA 36 McBride J

22 May 2015

R v Donna McCool and Michael Harkin

False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted.

2015 NICA 31 Morgan LCJ

25 March 2015

R v Gerard McCormick

Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines - 2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider.

2015 NICA 14 Morgan LCJ

21 January 2015

R v Gabriel Mackle

Convictions under s. 3(1)(b) of the Explosive Substances Act 1883, and article 58(1) of the Firearms (Northern Ireland) Order 2004 – whether forfeiture order in respect of motorbike lawful – title to the item subject to hire purchase in brother’s name - nemo dat quod non habet – order quashed.

2015 NICA 5 Girvan LJ

18 December 2014

R v Michael Simpson

Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate.

[2014] NICA 83 Coghlin LJ

15 March 2013

R v Leonard Henry Warwick

Money laundering offences, forgery, VAT fraud, mortgage fraud and deception - bank accounts in Isle of Man and NI - false identification and documents - whether confiscation order should have included accounts in own name or in fictional names - whether fruits of the accounts not enjoyed - most of monies going to others involved in the criminal enterprise.

[2013] NICA 13 Girvan LJ

29 June 2012

R v David Edwin Allingham and Freda Elizabeth Allingham and R v John McKenna

This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.

Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward.

[2012] NICA 29 Higgins LJ

30 June 2011

R v Aidan Grew and Hilary Patrick McLaughlin and R v Patrick Mackle, Plunkett Mackle and Benedict Mackle

Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences.

[2011] NICA 31 Girvan LJ

10 March 2006