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