Disparity

General Sentencing Issues

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R v. O'Neill [1984] 13 NJB
Gibson LJ
Armed robbery - disparity of sentence - co-accused treated leniently - whether ground for reducing accused's sentence - observations on sentencing.
R v. Delaney [1994] NIJB 31
Hutton LCJ and Carswell LJ
Disparity - principles to be applied - appellant convicted of several counts of burglary after admitting offences some of which had been committed with associate - appellant receiving same sentence as associate even though committing less crimes and stealing less property - whether disparity grounds for reduction of appellant's sentence and whether unfair to appellant.
R v. Douglas (05/05/95)
Hutton LCJ
Terrorist Offences - attempted murder - possession of firearms with intent - disparity between sentences of co-accused - accused charged with committing a number of offences - concurrent sentences.
R v. Fraser & Others [1995] NIJB 66
Hutton LCJ
Armed robbery - length of sentence - co-accused pleading not guilty at time appellants sentenced - co-accused subsequently pleading guilty to aiding and abetting, counselling and procuring armed robbery - co-accused sentenced to shorter prison terms than appellants - disparity in sentences - whether appellant's sentences should be reduced - whether justification for appellant's sense of grievance.
R v. Coates (16/03/98)
MacDermott LJ and Kerr J
Robbery and possession of firearm with intent - deterrent sentences for armed robbery of bank.
R v. Murdock [2003] NICA 21
Carswell LCJ and Coghlin J
Disparity
R v. Alan Stewart [2009] NICA 4
Kerr LCJ, Higgins LJ and Coghlin LJ
Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest