Sentencing guidelines - Totality / Consecutive

13 results

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

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

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

10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7 Kerr LCJ

04 July 2005

R v Sean Kenneth Murphy

GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.

[2005] NICA 32 Campbell LJ

09 May 2003

R v Colin Hughes

Activation of earlier suspended sentence - totality.

[2003] NICA 17 Carswell LCJ

19 December 1997

R v Donald Joseph George Richardson

Theft - offence committed while appellant on bail for another offence - imposition of consecutive sentence - totality of sentence.

R v Richardson 191297 Carswell LCJ

07 February 1997

R v James Kennedy Horrocks

Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution.

R v Horrocks MacDermott LJ

08 March 1996

R v Robin Henderson

Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.

R v Henderson 080396 Carswell LCJ

05 February 1993

R v Rowden & Toal

Burglary - offences committed while appellant on bail for another offence - totality of consecutive sentences - disparity between co-accused in respect of the number and quality of their previous convictions - discount for plea of guilty when appellant caught red handed.

R v Rowden & Toal 050293 Hutton LCJ

10 March 1989

R v Robert Magill

Unlawful carnal knowledge - consecutive sentences - three offences against the same victim within relatively short time - whether sentences to consecutive or concurrent.

R v Magill 100389 Hutton LCJ