7676 results
JR315 (A minor) Application for Judicial Review
[2025] NIKB 15 Rooney J
David Finegan and Margaret McDonald
[2025] NIKB 14 Colton J
Mark Devlin and JPH Law and Sean Hagan
[2025] NIMaster 5 Master Harvey
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.
Haberlin (Liam) Application for Judicial Review (Leave stage)
[2025] NIKB 13 Humphreys J
Raynolds' (Caolan) Application for Judicial Review
[2025] NICA 28
Philip Boyd Trimble and James William Trimble and John Patrick Cassidy and Stephen McKenna
[2025] NICA 31 Horner LJ
King v Brian Ruddy
The Northern Ireland Court of Appeal, drawing on previous guidance decisions, specified the broad categories of sentence for a first time offender in fraudulent evasion of customs duty cases (cigarette smuggling) at para [28], along with general guidance at para [29].
DPP application for leave to refer a three-year suspended sentence - fraudulent evasion of customs duty on cigarettes - being knowingly concerned in the fraudulent evasion of VAT – whether sentence unduly lenient – whether sentence should have been suspended due to exceptional circumstances pertaining to the defendant’s autistic son - principles in R v Devlin [2023] NICA 71 applied - public interest outweighed the private interests engaged – suspension element quashed – three year sentence affirmed.
Summary of judgment - R v Michael McGinley
Summary of judgment - R v Michael McGinley
Summary of judgment - R v Darryl Haughey
Summary of judgment - R v Darryl Haughey
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.
King v Michael McGinley
The Court of Appeal provides new sentencing guidance on how judges should address sentence reduction for culpable delay at paragraphs [67] – [77].
Renewed application for leave to appeal a sentence of 40 months – affray – both parties received significant injuries – court held sentencing judge should have distinguished the appellant’s sentence from his co-accused due to his lack of relevant criminal record - material supporting that the appellant had been a victim of a prior attack in the toilets which led to the incident captured on CCTV - sentencing judge approached this evidence incorrectly – significant delay - sentence manifestly excessive – leave granted – appeal allowed – 30 month sentence substituted.
Maguire's (Ciaran) Application (for bail)
[2025] NIKB 11 Rooney J
Carla Carlin and Ciaran Waldron and Roisin Kelly
[2025] NIKB 12 O'Hara J
Peeples (Clifford) Application for Judicial Review (Leave stage)
[2025] NIKB 9 Humphreys J
The inquest touching upon the death of Mary Josephine (Joyce) McCann
[2025] NICoroner 3 Miss Dougan
Summary of findings - Clonoe Inquest (O'Donnell, Vincent, Clancy and O'Farrell)
Summary of findings - Clonoe Inquest (O'Donnell, Vincent, Clancy and O'Farrell)
(1) Fitzsimons (Raymond) (as chairman of the Northern Ireland retired Police Officers Association)(2) Applicant A and Raymond Fitzsimons (as chairman of the Northern Ireland retired Police Officers Association) (3) JR 217 Application for Judicial Review
[2025] NIKB 7 Scoffield J