Sentencing guidelines - Totality / Consecutive

39 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

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

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

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

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

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

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

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

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

25 May 2011

R v William Brady

Social security fraud - review of sentencing decisions in this area - imposition of compensation order.

[2011] NICA 4 Girvan LJ

28 May 2010

R v Thomas Corrigan

Handling stolen goods - English Guideline case of Webbe approved in this jurisdiction - aggravating factors identified.

[2010] NICA 23 Morgan LCJ

21 December 2007

R v William David John McCracken

First instance sentencing remarks - making a false instrument contrary to Section 1 of the Forgery and Counterfeiting Act 1981 - falsification of documents required for EU and domestic compliant export of pigs - export of livestock - procedures not followed - ECHR art 6 - 2 years imprisonment suspended for 3 years.

[2007] NICC 51 Treacy J

09 March 2007

Niall David McGonigle. AG's Ref (No. 6 of 2006)

Robbery - youth offender - consecutive or concurrent sentences.

[2007] NICA 16 Kerr LCJ