Sentencing guidelines - Violent Offences

33 results

30 January 2026

Christopher Fulton and Amanda Fulton

The NICOA allowing Christopher Fulton’s appeal in part, reaffirmed and added to the sentencing guidance provided in R v Darren Fegan [2018] NICA 2 that a range of 7 to 15 years imprisonment is appropriate in respect of grievous bodily harm with intent involving young children contrary to section 18 of the Offences Against the Person Act 1861. The NICOA added that in an extreme category of case, sentences exceeding 15 years and nearer to 20 years imprisonment will be appropriate (see paras [68] to [72]).

Appeal against an ECS comprising 22 years custody and five years on licence – GBH with intent – child cruelty – victim was appellant’s four week old son – NICOA held the sentencing judge, whilst entitled to move outside the sentencing range set out in Fegan, did not properly explain why – sentencing judge failed to deal adequately with totality principle – 18 years was the appropriate sentence for the GBH with intent with four years added to reflect the child cruelty counts – ECS’s should have been imposed in respect of child cruelty counts given the finding of dangerousness (see postscript) – NICOA upheld the overall length of sentence (22 years ECS with an extended 5 year licence period) – appeal allowed in respect of the child cruelty counts for which concurrent ECSs of four years with a two year licence period were substituted.

[Amanda Fulton did not appeal against a DCS of four years (split equally between custody and licence).

[2026] NICA 5 Keegan LCJ

28 February 2025

King v Adam Potts

The Northern Ireland Court of Appeal held in most kidnapping cases a starting point of between 7 and 15 years will be likely, increasing to 18 years in the most extreme cases. The Northern Ireland Court of Appeal endorsed the aggravating elements of kidnapping set out at para [24] in R v Saqib (Harris) [2022] EWCA Crim 213. (See paras [14] – [16].)

Renewed application for leave to appeal a 14 year custodial sentence with a three year extended licence period – kidnapping - causing GBH with intent - possession of weapons – whether the starting point of 18 years prior to reduction for plea was too high – whether the sentencing judge failed to consider mitigation – whether there was disparity with a co-accused’s sentence – whether the overall sentence offended the totality principle - judge over estimated criminal record of applicant – merit in totality point - starting point too high - leave granted - sentence reduced to 12 years – three year extended licence period affirmed.

[2025] NICA 22 Keegan LCJ

27 January 2025

The King v Noel David Quigley

Appeal of a three year sentence with leave of the single judge – attempted wounding with intent to cause GBH – AOABH – offences committed against a police officer – key issue was whether the court should have reduced culpability on the basis of mental health difficulties - the general principle that a deterrent sentence not only enhances the appropriate starting point, it diminishes the impact of personal circumstances is not a rigid, inflexible rule (paragraph [33]) - court endorsed the approach in R v Doran [1995] NIJB 75 that mental illness is not an automatic reason for reducing the sentence imposed for a criminal offence and each case must be assessed on its facts (paras [39] – [42]) – judge correct to find that there could be no reduction in culpability – high culpability – low harm – suspended sentence not appropriate despite rehabilitative efforts – three year sentence approved - appeal dismissed.

[2025] NICA 6 Keegan LCJ

10 November 2023

The King v Francis Devlin

Renewed application for leave to appeal a sentence of four years’ imprisonment – four counts of conspiracy to cheat the public revenue – sole issue of impact of imprisonment on applicant’s son – whether sentence should be suspended – Court of Appeal approved the application of the guidance in R v Petherick [2012] EWCA Crim 2214 in NI – circumstances not so exceptional to merit a suspension – public interest in deterrence – appeal dismissed

[2023] NICA 71 Keegan LCJ

15 February 2023

King v BN

Assault occasioning actual bodily harm – attempting to choke with intent to commit an indictable offence (rape) – attempted rape – domestic violence – non-fatal strangulation

[2023] NICC 5 His Honour Judge Rafferty KC

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

26 October 2022

The King v Filippo Sangermano

actual bodily harm – stabbing with nail scissors – whether sentence manifestly excessive and/or wrong – whether level of culpability unsupported by basis of plea – finding of dangerous – whether VOPO necessary – terms of extended custodial sentence licence – right to a fair trial – burden of proof on prosecution in sentencing process – compilation of pre-sentence reports – duties owed by counsel to sentencing court – emphasis on the importance of the accuracy of the basis of plea document – court adopted the principles in R v Cairns [2013] EWCA Crim 467 - appeal allowed.

[2022] NICA62 Fowler J , McBride J , McCloskey LJ

07 March 2022

Queen v Niall Shebani

unlawfully displaying force and making an affray - grievous bodily harm with intent and possession of an offensive weapon – whether starting point too high - 33 previous criminal convictions in Republic of Ireland - medium likelihood of reoffending - knife – whether starting point of nine years is excessive - judge may have incorrectly described it as a starting point - significant aggravating factors - duration of incident limited - sentence not manifestly excessive – appeal dismissed

[2022] NICA 9 McFarland J

07 March 2022

Queen v Christopher Hughes

guidance in relation to sentencing in cases involving multiple incidents of domestic violence - Using motor vehicle without insurance, Assault occasioning actual bodily harm, Common assault, Attempted criminal damage, Possession of an offensive weapon - other convictions and caution for common assault against mother and partner - pending prosecutions in Republic of Ireland - consideration of aggravating and mitigating factors together to reach starting point prior to discount for plea - overall not manifestly excessive - appeal dismissed.

[2022] NICA 12 Keegan LCJ

18 December 2020

R v Stewart (Jason Robert William)

renewed application for leave to appeal a determinate custodial sentence - Assault Occasioning Actual Bodily Harm – strangulation - starting point - discount for the plea - whether discount should have been applied because of the Covid pandemic – appeal dismissed

[2020] NICA 62 Morgan LCJ

05 May 2020

R v Allen

Common assault contrary to s. 47 OAPA 1861 & assault and false imprisonment contrary to common law – guidance on the sentencing approach to violent offences when particularly in a domestic violence where strangulation (‘ a substantial aggravating factor’) is a feature.

[2020] NICA25 Stephens LJ

04 September 2019

THE QUEEN v KT

Whether failure to activate two previous suspended sentences and to impose a third suspended sentence unduly lenient – sexual offences - 85 year old man - numerous sexual offences involving children – sentence quashed and the two previous suspended sentences activated and pass a sentence so as to achieve an effective total determinate custodial sentence of 3 years

[2019]NICA 42 Keegan J , Stephens LJ , Treacy LJ

08 March 2019

R v Loughlin (Michael) (DPP Reference No 5 2018)

Reference by DPP under s. 36 Criminal Justice Act 1988 – whether sentence for attempted murder unduly lenient - appropriate sentencing range for offence of attempted murder - adherence to statutory test in considering imposition of suspended sentences - need for care in assessment of dangerousness - original sentence unduly lenient and substituted – appeal allowed.

[2019] NICA 10 Morgan LCJ

12 January 2018

R v Fegan (Darren)

appeal against determinate sentence of 13½ years with extended licence period of 3 years – s. 18 GBH with intent to a 2 year old child – violent punch to head – significant brain injury and right-sided hemiplegia – wheelchair bound and visually impaired – sentence not manifestly excessive – appeal dismissed – McAuley and Seaward distinguished – court underlined vulnerability of very young children

[2018] NICA 2 Morgan LCJ

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

05 November 2015

R v Brian Mongan

Wounding with intent to commit GBH (ECS 9 plus 3) threats to kill (9 plus 1 concurrent) – both lower harm and lower culpability required for lower starting point in s.18 OAPA 1861 offence – McAuley and Seaward guideline clarified – however sentencing court’s starting point here of 11yrs. was too high in a case of low harm – 9 yr. custodial element reduced to 7 – dangerousness finding approved and 3 yr. extension left undisturbed.

2015 NICA 65 Morgan LCJ

21 September 2015

R v Raymond Brownlee (Sentencing)

Wounding with intent X2; common assault X2; and false imprisonment – domestic violence – culpability high but degree of harm low – ECS of 6 plus 4 for each wounding – court underlined need to identify domestic setting as aggravating feature – dangerousness considered – delay between conviction and sentence held to be breach of Article 6 but aggravation outweighed this – appeal refused.

2015 NICA 58 Morgan LCJ

17 June 2015

R v Paul Joshua Balmer & Paula Wilson

AOABH contrary to s. 47 OAPA 1861 and common assault (co-def. aiding and abetting) – shaving victim’s hair and eyebrows while she was in alcohol induced stupor – done over two nights – striking her on the face – filming/photographing the offending – 5 year ECS manifestly excessive and replaced with determinate 4 year sentence.

2015 NICA 40 Coghlin LJ

28 June 2013

R v Todd Newton, Ruari Doey and Steven Doherty Director of Public Prosecution’s Reference (numbers 8, 9 & 10 of 2013)

Reference by DPP - attempted grievous bodily harm with intent – gratuitous violence by young males 2 of the 3 still children – s. 53 Justice (NI) Act 2002, Art. 45(2) Criminal Justice (Children) (NI) Order 1998 and Beijing Rules all considered - sentences substituted.

[2013] NICA 38 Morgan LCJ

27 June 2013

R v Kevin Brannigan DPP's Ref (No.7 of 2013)

Causing GBI by careless driving – dangerous driving – perverting the course of justice – almost invariably requires immediate consecutive sentence – suspended sentences inappropriate in this case – sentencers need to consider whether exceptional circumstances exists in serious offending before suspending.

[2013] NICA 39 Morgan LCJ