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 LCJSearch decision and choose filters to show only the results you want
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
Unduly lenient sentence - rape and indecent assault - totality
[2003] NICA 41 Carswell LCJ
Indecent assault - several child victims over many years - concurrent/consecutive sentences
[2003] NICA 44 Weir J
Robbery - Amateurish robbery of small business - need for deterrence - substitution of immediate custodial sentence for a non-custodial one.
[2003] NICA 32 Carswell LCJ
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
Coates 230697 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
Rape, attempted buggery and indecent assault of pregnant woman in her own home - attack caused "major psychological trauma" to victim - whether 15 years excessive.
1997 NIJB 241 Carswell LCJ
Attempted robbery and assault - "mugging" - young offender.
R v Benson 230597 MacDermott LJ
Rape of German tourist - aggravating and mitigating factors - guideline cases.
R v McQuillan & McCormick 020597 MacDermott LJ
Buggery, indecent assault and gross indecency with young boy - supply of prosecution evidence to defence - objective evaluation of new material - sentencing in child sexual abuse cases.
Darren Boyd 18041997 MacDermott LJ
Appeal against sentence - rape and sexual abuse of daughter - whether 16 years sentences excessive - deterrent sentences - weight to be given to mental condition of appellant.
R v J.M MacDermott LJ
Sentencing - rape and indecent assault on Daughter by father - "incestuous rape" and sexual abuse - whether sentence unduly lenient - age of offender and aggravating factors.
R v D AG Ref No.5 of 1996 MacDermott LJ
Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution.
R v Horrocks MacDermott LJ
Application for leave to appeal against sentence - rape - contested case - aggravating and mitigating factors.
R v McColgan 240197 Carswell LCJ
Appeal against sentence - indecent assault of young girl - appellant in position of trust and influence.
R v Lemon 201296 McCollum J
Application for leave to appeal against sentence - indecent assault on young girls - state of health and age of applicant - whether offences were "persistent" - accused had gained trust of girls - whether sentence excessive.
R v William Kieran Brady 221196 Hutton LCJ
Sentencing - rape of young girl at knifepoint by TA soldier - plea of guilty - discussion between trial judge and defence counsel in chambers regarding likely sentence - whether 5 years unduly lenient.
AG Ref No.4 of 1995 R v David Moore MacDermott LJ
Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.
R v Henderson 080396 Carswell LCJ
Incest - rape and indecent assault of daughters - aggravating and mitigating factors.
R v W 261095 Carswell LJ