Sentencing guidelines - Theft and other Dishonest Offences

60 results

28 June 2024

The King v Kenneth Clarke and Jamie McConnell

DPP reference – whether sentences unduly lenient - conspiracy to steal, commit arson and to commit criminal damage – theft of machinery to damage property with the forced removal of ATMs from commercial properties - case mistakenly presented to the judge on basis the headline offence was conspiracy to commit theft attracting a max sentence of ten years - judge in error as to lower starting point – substituted a sentence of seven years and six months in case of Clarke – reference allowed - reference in case of McConnell dismissed – sentences in this area must be deterrent – prosecutors should consider charging for separate offences where possible - guidance provided in cases involving multiple incidents at para [41]

4[2024] NICA 52 Keegan LCJ

12 April 2024

The King v O'Loughlin

This is the first Encrochat sentencing judgment in NI.

Crown Court sentencing remarks – various drug offences - Proceeds of Crime Act offences – firearms offences – conspiracy to cause GBH – conspiracy to commit murder - material obtained from the Encrochat network by the NCA through a joint French and Dutch police investigation – 12 years imprisonment.

[2024] NICC 12 His Honour Judge Rafferty KC

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

02 February 2024

The King v Fionnghuale Mary Theresa Dympha Marie Nuala Perry

The Court of Appeal sets out best sentencing practice in terrorism cases with reference to the new statutory sentencing regime at paragraphs [33] – [36].

Appeal against a sentence of four years imprisonment and 12 month licence period – collecting or making a record of information likely to be useful to a terrorist – whether sentence manifestly excessive – whether the sentence was a product of an error of law relating to the new sentencing regime – article 7 ECHR – new approach applied by sentencing judge – one year licence period applied by operation of law rather than any judicial decision or act – no error of law – court reemphasised where a deterrent sentence is required personal mitigation carries little weight – appeal dismissed

[2024] NICA 11 McCloskey LJ

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

19 April 2023

Morgan and others (Respondents) v Ministry of Justice (Appellant) (Northern Ireland)

A judgment of the UKSC on appeal from NI in which it was unanimously held that section 30 of the Counter-Terrorism and Sentencing Act 2021, which inserted Article 20A into the Criminal Justice (Northern Ireland) Order 2008, is compatible with article 7 and article 5 of the ECHR.

UKSC 14 [2023]

23 September 2022

The King v Niall Lehd

Appeal against an extended custodial sentence of 24 years imprisonment with an extension period of 5 years – preparation of acts of terrorism - whether the sentencing judge had erred in principle by basing his approach on the guidelines as stated in R v Kahar [2016] EWCA Crim 568 rather than the SGC Guideline – whether NICA should formulate guidelines for sentencing of offences under section 5(1) of the Terrorism Act 2006 - whether the sentence is manifestly excessive– whether the judge erred in deciding that the appellant is dangerous - sentencing judge was not obliged to apply the SGC Guideline - the judge was entitled to base sentencing on R v Kahar in the absence of NICA guidance - no merit in the challenge to the starting point – no merit in the challenge to the judge’s assessment of mitigating factors – no error in the assessment of dangerousness – held not appropriate for NICA to formulate guidance for section 5(1) cases - sentencing judges at liberty in section 5 cases to consider R v Kahar and the SGC Guideline – appeal dismissed

[2022] NICA 51 McCloskey LJ

01 June 2022

Queen v Christopher Robinson

Appeal against sentence – convicted of murder of a senior prison officer and causing an explosion with intent to endanger life – joint enterprise – mandatory life sentence with 22 year minimum term prior to release at first instance – appeal against minimum tariff of 22 years – application to extend time – whether trial judge was wrong to conclude that there was nothing by way of personal mitigation giving rise to a reduction in sentence - R v McCandless [2004] NICA 1 confirmed as leading authority on sentencing in murder cases – high culpability – high harm – case fell within the very serious category – planned – politically motivated – use of explosive device a highly aggravating factor – terrorist crimes involving serving police or prison officers can expect sentences of upwards of 20 years – personal mitigation is likely to be of limited if any value – no merit in appeal - application to extend time refused - appeal dismissed

[2022] NICA 30 Keegan LCJ

15 January 2021

Queen v Christine Connor

appeal against sentence and DPP’s Reference – terrorist offences – causing explosion and attempted murder – 20-year ECS with 4-year extension period – whether sentence manifestly excessive or unduly lenient – intent - sentencing of the trial judge unsustainably generous – substitution by a sentence of 25 years’ imprisonment accompanied by 4-year extension period - sentence varied upwards.

[2021] NICA 3 McCloskey LJ

17 April 2020

R v Haggarty

Sentencing for multiple terrorist offences, including murder and attempted murder – guilty pleas – offender assisting police pursuant to ss. 73-75 SOCPA 2005 – whether discount appropriate – guidance given on the approach to be taken to ‘the SOCPA discount’.

[2020] NICA 22 Morgan LCJ

17 February 2020

R v Coleman

First instance sentencing remarks - one of fourteen cases heard together - interim guidance under LCJ’s ‘Programme for Action on Sentencing’ - the approach to sentencing in so-called ‘money mule’ fraud cases.

[2020] NICC 5 His Honour Judge McFarland

08 January 2020

Director of Public Prosecution's Reference (Number 5 of 2019) - Harrington Legen Jack

DPP reference – whether sentences unduly lenient – fraud by abuse of position - sentencing guidance provided in respect of offending of this kind (paras [34] - [36]) - whether a breach of the reasonable time requirement – guidance provided in respect of the reasonable time requirement (paras [42] – [45]) - sentences imposed were unduly lenient – discretion whether to quash the sentence imposed – offender already completed approximately one half of the community service order – exceptional facts - sentences not quashed

*Sentencing judges should now follow the guidance outlined in R v Michael McGinley [2025] NICA 11 in respect of delay*

[2020] NICA 1 Stephens LJ

17 June 2016

R v Paul Mahoney

Appeal against 4 year Determinate Custodial Sentence, comprising 2 years custody and 2 years on licence - conspiracy to defraud - setting up and operation of websites which permitted the viewing of films in breach of copyright and the advertising revenue - sections 327(1)(a) and 329 Proceeds of Crime Act 2002 - appeal dismissed - principles derived and applied from first instance sentencing remarks, the Court of Appeal (E&W) and Sentencing Guidelines Council.

[2016] NICA 27 Morgan LCJ

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

27 March 2015

R v Connor Joseph Hamilton

Fraud by false representation – whether probation element of combination order wrong in principle – probation element quashed and guidance given on proper procedure.

2015 NICA 15 Girvan LJ

14 October 2014

R v Wootton & McConville

Reference under s. 36 of the Criminal Justice Act 1988 – terrorist murder of police officer life imprisonment for adult offender – application of minimum tariff – 25 years not unduly lenient – detention at Her Majesty’s pleasure for youth offender – minimum term of 14 years unduly lenient – limited mitigation for youth in serious violent offence of this nature – tariff of 18 years substituted.

[2014] NICA 69 Morgan LCJ

24 January 2014

Ryan McDowell, Attorney General's Reference (No 17 of 2013)

Making/possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – DPP’s Reference – sectarian motivation – 2 years’ probation and 100 hours’ community service – sentencing recommendation in victim impact statements not to form basis for reassessing sentencing – while deterrent custodial sentences normally required for sectarian violence the individual circumstances meant the sentence should not be interfered with.

[2014] NICA 6 Coghlin LJ

10 December 2013

R v Gareth Edward Marcus, DPP Ref (No 1 of 2013), Reference under Section 36 of the Criminal Justice Act 1988

Possession of explosives – s. 3(1)(b) Explosive Substances Act 1883) – causing an explosion likely to endanger life or to cause injury to property – s.2 Explosive Substances Act 1883 – DPP’s Reference – sectarian motivation – need for deterrent sentencing – 4 years’ imprisonment suspended for 3 years – unduly lenient but not interfered with.

[2013] NICA 73 Coghlin LJ

22 November 2013

R v Rafal Tomasz Rymacki and Krzystof David Jankowski

First instance sentencing remarks.

[2013] NICC 20 His Honour Judge McFarland

18 January 2013

R v Ashok Kumar

First instance sentencing remarks – guidance pending Court of Appeal deliberation – carrying dutiable goods with intent to defraud contrary to Section 170 of the Custom & Excise Management Act 1979 – consideration of relevant Sentencing Council (E&W) Guideline and categories.

[2013] NICC 12 His Honour Judge McFarland