Custody Probation Orders

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Attorney General's Reference (No.1 of 1998) (McElwee) [1998] NI 232
Carswell LCJ
Unduly lenient sentence - dangerous driving causing grievous bodily harm; driving without insurance; driving whilst disqualified; and drink driving - previous bad record of driving offences - whether right to make a custody probation order - guidance of use of this sentencing power.
R v. Lunney (03/99)
Girvan J
Attempted robbery, burglary and assault - length of appropriate custodial sentence on a plea of guilty - custody probation order - circumstances in which appropriate for sentencer to take account of effect of offender's supervision by probation officer on release - protection of public from harm or prevention of commission of further offences.
R v. McDonnell [2000] 2453
Carswell LCJ
Robbery - threat to kill - custody probation order - whether custodial sentence reduced sufficiently to take proper account of period of probation - whether requirement for exact equivalence between reduction and length of probation period - guidelines on intention of legislature - balance between custody and probation elements.
Attorney General's Reference (No.1 of 2009) (McCaughan) [2009] NICA 2
Kerr LCJ, Higgins LJ and Girvan LJ
How sentencers should approach the issue of custody probation