Life Sentence Tariff Rulings

  
The Queen v. Victor Kerr [2004] NILST 13
Murder - ex-girlfriend in England - she went to his flat - strangulation - took an overdose - eventually asked neighbours to call ambulance - trial judge imposed tariff of 12 years - reduced by Home Secretary to 10 - normal starting point - attempts to clear the crime scene; attempt at deception by preparation of suicide notes - suggestion of prior domestic violence, but no clear evidence - tariff fixed at 11 years
R v. Ignatius Patrick Gribben [2004] NILST 5
Kerr LCJ and Coghlin J
Murder - male victim (previously had affair with prisoner's wife) - shot dead - claimed shooting was an accident - normal starting point - jury rejected suggestion firearm was discharged other than deliberately - some provocation - lured victim to remote house - knew he could obtain access to firearm - some attack was intended - tariff fixed at 13 years
R v. Stephen Henry McParland [2004] NILST 4
Kerr LCJ and Coghlin J
Murder - 33 year old male victim - assaulted after disagreement over £20 debt - denied being present - forensic evidence placed him at scene - higher starting point - culpability exceptionally high - prolonged, merciless assault - intention to kill - strong deterrent element - drinking, not drunk - 3rd person present had attempted to restrain - lengthy criminal record, conviction for violence - contested charge - no evidence of genuine remorse - made progress while in prison - tariff fixed at 16 years
R v. Karen Elizabeth Carson [2004] NILST 3
Kerr LCJ and Coghlin J
Murder - husband victim - single stab wound to chest - intoxicated - initially alleged third party attack - then claimed self-defence - evidence prisoner had a violent temper - previously offered money to friend to murder her husband - normal starting point - a dispute between two people known to each other - still maintains that it was drunken accident - killing was a deliberate act - no pre-meditation - little evidence of genuine remorse - contested her guilt over two trials - tariff fixed at 12 years
R v. Darren Larmour [2004] NILST 2
Kerr LCJ and Nicholson LJ
Murders - two paramilitary gun murders - convicted on his own confession - higher starting point - planned and pre-meditated - illegal firearms - armed in advance - undoubted intention to kill - medical condition - full admission of guilt - youth of offender (21) - tariff fixed at 15 years
The Queen v. Andrew George Mawhinney [2004] NILST 15
Kerr LCJ and McLaughlin J
Murder - 33 year old victim (neighbour) - both intoxicated - deceased initially the agressor - provocation unsuccessfully argued - personality disorder - limited capacity to cope with stress and anger - does not fit comfortably into either starting point - attacked with clear intention of killing - armed with hatchet and knife - repeated blows - significant previous convictions - no compelling evidence of remorse - tariff fixed at 14 years
R v. William George Long [2004] NILST 6
Kerr LCJ and McLaughlin J
Murder - 41 year old female victim (girlfriend) - domestic argument - hit repeatedly over the head with a blunt object (edge of hatchet) - claimed he and the victim had been drinking - could not remember hitting her - at trial claimed he suffered from mental impairment - does not fit comfortably into normal or higher starting point category - lengthy criminal record for violent offences - tariff fixed 14 years
R v. Stephen John Boyle [2004] NILST 7
Kerr LCJ
Murder - drunken state - attacked 2 flatmates with hurley stick causing multiple fractures - stabbed 3rd flatmate 10 times causing death - higher starting point - had intended to attack victim - armed himself with the knife in preparation - alcohol and anger management issues - previous convictions for offences of violence (including robbery and rape) - tariff fixed at 13 years
R v. David Andrew Nicholson [2004] NILST 8
Kerr LCJ and Campbell LJ
Murder - inebriated victim - burglary - 78 stab wounds to various parts of body - higher starting point - many aggravating features - tariff fixed at 16 years
The Queen v. James O'Malley [2004] NILST 14
Murray LJ
Murder - 37 year old female victim - multiple blows to head from heavy blunt object - considerable force - could not explain his actions - expressed rermorse - clear record - early guilty plea - higher starting point - victim in state of distress having been raped before he picked her up - tariff fixed at 14 years
The Queen v. Michael McFadden [2004] NILST 16
Kerr LCJ
Murder - 74 year old male victim - robbery - savage beating followed by strangulation - higher starting point - pre-meditated and undertaken to prevent identification - previous convictions for robbery - admissions to police - early plea of guilty - tariff fixed at 17 years
The Queen v. Kenneth Douglas [2004] NILST 17
Kerr LCJ and Sheil J
Murder - male victim (neighbour) - mistaken belief was deceased's son - grudge - multiple blows on head from blunt object - deed admitted to close family upon realisation - drinking - victim of sexual abuse - no clear starting point - planned attack - armed with weapon in advance - made himself available to police - numerous admissions - led police to the murder weapon - age - insignificant record - remorse - tariff fixed at 13 years
The Queen v. Clive Moore [2004] NILST 18
Kerr LCJ
Murder - attacked business acquaintance - multiple hammer blows - body partly rolled in river - later admission on basis of provocation - not accepted by jury - higher starting point - came armed with murder weapon - initially lied - some attempt at concealment - admission of actus reus - tariff fixed at 14 years
The Queen v. Gerard Patrick Stewart [2005] NILST 4
Kerr LCJ and Nicholson LJ
Murder and attempted murder - 18 year old female victim - stabbing - fled scene - previous record for violence - higher starting point - killed to let prisoner escape - failure to respond to previous sentences - youth (20) - personality difficulties - tariff fixed at 17 years
The Queen v. William Skehens [2004] NILST 21
Kerr LCJ and Sheil LJ
Murder - elderly female victim (aunt) - sexually assaulted - stole money - death caused by mechanical asphyxiation - higher starting point case - terrible injuries prior to death - prisoner's youth - guilty plea - tariff fixed at 20 years
The Queen v. Oliver Junior Joseph Shortt [2004] NILST 10
Kerr LCJ
Murder - female victim - manual strangulation - prolonged, gratuitous attack in her home - set fire to house with the deceased's son (who managed to escape) in it - higher starting point category - tariff fixed at 17 years
The Queen v. Hugh Alexander Lindsay [2004] NILST 11
Kerr LCJ and Sheil LJ
Murder - strangled female acquaintance - dumped body - normal starting point - likely murder due to sudden loss of control - destruction of murder scene - contested charge - no evidence of remorse - clear record not a mitigating factor - tariff fixed at 14 years
The Queen v. David Conway [2004] NILST 23
Kerr LCJ and Nicholson LJ
Murder - 20 year old female victim - girlfriend - shot in face - sawn off shotgun - handed himself in to police - maintains accidential discharge - jury rejected this - no assigned starting point - possession indicates pre-planning - record of crimes of violence - admission and remorse - tariff fixed at 14 years
The Queen v. John McAleese [2004] NILST 22
Kerr LCJ and Girvan J
Murder - 24 year old male victim - attacked in toilets of a bar - denied any involvement - blamed co-defendant - previous convictions - expressed intention to attack deceased - no trace of regret - intimidated co-accused - provocation not accepted - tariff fixed at 14 years
The Queen v. Samuel David Joseph Cummins [2005] NILST 1
Kerr LCJ and Girvan J
One of several men who attacked male victim after night out at nightclub - higher starting point - concerted, savage, merciless attack - substantial sentence for the retribution and deterrence aspects - no tangible evidence of genuine remorse - conceivable did not intend to kill - tariff fixed at 15 years
The Queen v. Ian Alexander Quinn [2005] NILST 3
Kerr LCJ
Murder - 76 year old female victim - burglary at night - armed with a knife - sustained, vicious attack - sexual assault - socially withdrawn psychopath - higher starting point - age (18) - guilty plea - tariff fixed at 22 years
The Queen v. Kenneth Henry Callaghan [2005] NILST 2
Kerr LCJ
Rape and murder - 22 year old female victim - broke into home - multiple blows to head by blunt metal instrument - initially denied offence - confessed when confronted by evidence - claimed the attack was the result of a psychotic episode - no supporting evidence - higher starting point - age - belated plea of guilty - tariff fixed at 21 years
The Queen v. Ronald Terence Graham [2006] NILST 1
Kerr LCJ
Murder - 5 year old girl victim - manual strangulation - concealed body - probable sex assault - joined in search for child - admitted indecent assault at interview - conflicting versions of what happened - two previous convictions for indecent assault - psychiatric history - severe untreatable psychopathic personality - highly dangerous - pleaded guilty - higher starting point - lack of rermorse - tariff fixed at 25 years
The Queen v. Colin Paul King [2006] NILST 2
Kerr LCJ and Campbell LJ
Murder - victim 83 year old widow - burglary - beaten and stabbed - house deliberately set on fire - higher starting point reduced - prisoner's youth (16) at time of offence - previous convictions for burglary - co-accused admitted stabbing victim - tariff fixed at 14 years
The Queen v. Dean Michael Woods [2007] NILST 3
Kerr LCJ
Murder - 26 year old male victim - ambushed in alleyway - not a normal starting point case - intended to carry out a violent attack - armed himself - aimed blows at the victim's head - young age - previous convictions - tariff fixed at 15 years
The Queen v. Martin Murphy [2007] NILST 5
Kerr LCJ
Murder - female victim - previous relationship - claimed provoked - sustained attack - multiple stab wounds - obsession with victim - vulnerable personality - higher starting point - medical condition - mature age - tariff fixed at 13 years
The Queen v. Liam John McBride [2007] NILST 4
Kerr LCJ
Murder - 48 year old victim - stabbed 26 times - ex-girlfriend's mother - higher starting point case - planned attack - armed with a knife - preceded by a number of attacks on her - subject of an exclusion order - broke into home - handcuffed two sisters - fully mature - claimed remorse viewed with caution - divergence of medical opinion as to the effect of personality disorder - denied guilt - tariff fixed at 17 years
The Queen v. Bernard Anthony Noel Wiggins [2007] NILST 6
Kerr LCJ
Murder of two men - extensive multiple injuries - guilty plea four days into trial - not a lower starting point case - degree of planning - armed with iron bar - pressure on co-defendant - reservations about claimed remorse - unfortunate background - claim of provocation - tariff set at 20 years
The Queen v. Adrian Michael Gerard Wilson [2007] NILST 7
Kerr LCJ and Campbell LJ
Murder - 83 year old widow - burglary - beaten and stabbed - gratuitously violent - house deliberately set on fire - higher starting point - criminal record - progress while in prison - accepts responsibility for stabbing victim - tariff fixed at 15 years
The Queen v. John Hugh Brady [2007] NILST 1
Kerr LCJ
Murder - male RUC Reserve victim - terrorist crime - booby trap under car - drove car containing the device - exploited - gave himself up - confessed role to police - pleaded guilty - no clear evidence of remorse - Re Colin King did not mean that Practice Statement of Lord Woolf was not to be followed - tariff fixed at 15 years
The Queen v. David John Thompson [2007] NILST 8
Kerr LCJ
Murder - intoxicated 27 year old male victim - died 55 days later - unprovoked and pitiless attack - not a lower starting point case - prisoner's record displayed an aggressive and violent propensity - remorse not evident at trial - progress while in prison - tariff fixed at 15 years
The Queen v. George Robert Armstrong [2007] NILST 9
Kerr LCJ
Murder - male victim - burglary - attack planned - weapon used - accepted that offender intended only to inflict grievous bodily harm rather than to kill - higher starting point case - tariff fixed at 17 years
The Queen v. Robert William Molyneaux [2008] NILST 1
Kerr LCJ
Terrorist murders of two men - killed because of religion - planned to some extent - firearms used - higher starting point - terrorist murders, victims; one victim killed partly to prevent his giving information - plea of guilty - suggestion of remorse - tariff fixed at 18 years
The Queen v. John Kerr [2008] NILST 2
Kerr LCJ
Murder - multiple stabbing - several weapons used - intoxicated 21 year old female victim - offender lying under interview and at trial - degree of premeditation - higher starting point - stated remorse to be treated with caution - tariff fixed at 16 years
The Queen v. Trevor James Leslie McKeown [2008] NILST 3
Kerr LCJ
Murder - 18 year old female victim - terrorist crime - politically motivated - targeted because of religion - killing was planned - firearm used - appalling record - very serious case - tariff fixed at 22 years
The Queen v. William Sloan [2008] NILST 10
Kerr LCJ
Murder - 39 year old male victim - course of a burglary - sustained and vicious attack - higher starting point - attack planned - relevant criminal record - expressed remorse, though not at trial - tariff fixed at 19 years
The Queen v. Stephen Geoffrey Irwin [2008] NILST 5
Kerr LCJ
Multiple counts of terrorist murder - firearms used - politically motivated - targeted because of religion - meticulously planned - ruthlessly executed assassinations - professional killings - higher starting point - plea of guilty - no compelling evidence of remorse -  tariff fixed at 30 years
The Queen v. Victor Graham [2008] NILST 14
Kerr LCJ
Two Murders - confessions to police - refusal to answer questions in main trial as to truth of statements - politically motivated terrorist crimes - planned - use of firearms - vulnerable and defenceless victims - appeal on the basis of inadmissibility of confessions dismissed - higher starting point - very serious case - assessment by Sentence Review Commissioners - tariff fixed at 22 years
The Queen v. Andrew Neville Browne [2008] NILST 11
Kerr LCJ
Terrorist murder - male victim - higher starting point - identified victim as a target - planned and organised the murder - no true remorse for crime - tariff fixed at 20 years
The Queen v. William Murphy [2008] NILST 7
Kerr LCJ and Higgins LJ
Murder - 78 year old male victim - extensive and multiple injuries - burglary - higher starting point - left victim to die - denied guilt - tariff fixed at 17 years
The Queen v. William Campbell [2008] NILST 6
Kerr LCJ and Campbell LJ
Murder - 54 year old male victim - beaten to death - shocking, extensive and multiple injuries were inflicted - higher starting point - attempted to avoid responsibility - victim's family deprived of any insight - no genuine remorse - tariff fixed at 17 years
The Queen v. Nicholas Evans [2008] NILST 12
Kerr LCJ
Murder - 17 year old male victim - terrorist crime - victim targeted because of religion - foreknowledge of intention to kill - use of a knife - previous record - very serious case - scant evidence of genuine remorse - asserted innocence throughout trial - tariff fixed at 20 years
The Queen v. Christopher McMillan [2008] NILST 8
Kerr LCJ and Campbell LJ
Murder - robbery - extensive injuries - 46 year old male victim - very serious case - use of weapon - attempt to hide body - scant evidence of remorse - denied involvement under interview - bragged to friends - tariff fixed at 17 years
The Queen v. John Smith [2008] NILST 9
Kerr LCJ
Murder - multiple stabbing - 19 year old male victim - denied involvement under interview - admitted stabbing but not murder at trial - defence of diminished responsibility not accepted by jury - armed himself with knife - higher starting point - self-restraint may have been lowered by consumption of drugs and alcohol - tariff fixed at 16 years
The Queen v. James Junior McKinstry Craig [2008] NILST 13
Kerr LCJ
Murder - 13 year old female victim - extensive injuries - concealed body - body found 5 years later - no acknowledgment of guilt - no account of what he did - higher starting point - tariff fixed at 21 years
The Queen v. Henry Baird [2009] NILST 19
Kerr LCJ
Murder - girlfriend's young son who was ill - higher starting point - kicked child twice - evidence of at least intention to inflict GBH - broke down under interview and made admissions - no responsibility for his actions - considered and deliberate attack - not momentary loss of control - tariff fixed at 16 years