Sentencing guidelines - Violent Offences

66 results

21 February 2025

King v Darryl Haughey

The Court of Appeal provides sentencing guidance in relation to the offence of non-fatal strangulation (see in particular paragraphs [37], [38] and [80]. Important guidance is also given on the proper approach to sentencing where the statutory domestic abuse aggravator applies (see paragraphs [75]-[77], [81]- [83].

Appeal against a 32 month sentence with leave of the single judge - non-fatal strangulation – AOABH – threatening to kill – criminal damage – each count aggravated by reason of domestic abuse – leave granted by the single judge as there were no sentencing guidelines for non – fatal strangulation and further guidelines were required on the appropriate methodology to be adopted when applying the domestic abuse aggravator – starting point of 36 months was held to be appropriate –the uplift in respect of the domestic abuse aggravator should however have been applied after the reduction for the guilty plea as opposed to before – Appellant benefited from a four month reduction as a result – considered unfair to change the sentence in the absence of guidance.

[2025] NICA 10 Treacy LJ

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

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

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

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

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

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

12 April 2016

R v Alan McDonald

Appeal against sentence - historic sexual abuse - discretionary life sentence - whether necessary to make finding of unstable character - whether offences sufficiently grave - whether likely future offending must be sex offences - whether alternative protective sentence could be imposed - appeal dismissed.

[2016] NICA 21 Weatherup 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