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Orders Ancillary to Sentence

Judicial Officer(s)
R v. McKiernan [2004] NICA 18
Kerr LCJ, Nicholson LJ and McCollum J
Drugs offences - Proceeds of Crime (NI) Order 1996 Confiscation Order
R v Grew and others [2011] NICA 31
Morgan LCJ, Girvan LJ and Coghlin LJ
Fraudulent evasion of duty contrary to section 170(2) of the Customs and Excise Management Act 1979 - cigarette smuggling operations - whether trial judges erred in imposing confiscation order – appropriateness of custodial sentences for these offences
Summary of R v Allingham; R v McKenna [2012] NICA 29
Higgins LJ, Coghlin LJ and Treacy J
This is not a judgment but a summary of the judgment highlighting the sentencing guidance aspect of it. A link to the judgment is provided within the document.

Application for leave to appeal against Confiscation Orders and imprisonment - controlled waste kept in manner likely to cause pollution of environment or harm to human health and in or on land otherwise than under or in accordance with a Waste Management Licence - landfill tax - McKenna imprisonment appeal allowed and three years substituted for five - appeals by Allinghams and McKenna against confiscation orders in respect of benefit and evasion of tax dismissed - prosecution appeal allowed and confiscation order varied upward
The Queen v. Leonard Henry Warwick [2013] NICA 13
Morgan LCJ, Girvan LJ & Weatherup J
Money laundering offences, forgery, VAT fraud, mortgage fraud and deception - bank accounts in Isle of Man and NI - false identification and documents - whether confiscation order should have included accounts in own name or in fictional names - whether fruits of the accounts not enjoyed - most of monies going to others involved in the criminal enterprise
R v Michael Simpson [2014] NICA 83
Coghlin LJ, Weatherup J and O’Hara J
Possession of indecent child images contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 – SOPO made under s.104 Sexual Offences Act 2003 – whether SOPO terms oppressive/disproportionate
R v Gabriel Mackle [2015] NICA 5
Girvan LJ, Gillen LJ and Treacy J
Convictions under s. 3(1)(b) of the Explosive Substances Act 1883, and article 58(1) of the Firearms (Northern Ireland) Order 2004 – whether forfeiture order in respect of motorbike lawful – title to the item subject to hire purchase in brother’s name - nemo dat quod non habet – order quashed
The Queen v Gerard McCormick
Morgan LCJ,
Girvan LJ and
Gillen LJ
Sexual activity with a child – 3 year determinate sentence comprising 18 months’ imprisonment and 18 on licence – 5 year SOPO – Sentencing Court’s reliance on Sentencing Council Guidelines – guidance from decided authorities in NI more reliable than Council Guidelines -  2 year sentence substituted – 12 & 12 – whether SOPO proportionate – that issue remitted to trial court to reconsider
The Queen v Donna McCool and Michael Harkin
Morgan LCJ,
Coghlin LJ and
Gillen LJ
False accounting contrary to s. 17(1)(a) Theft Act (NI) 1969 - false statements contrary to s. 105A(1) of the Social Security Administration (NI) Act 1992 – imposition of confiscation orders – whether court had jurisdiction order under POCA 2002 – whether amounts confiscated proportionate – Held that 2002 Act applied but amounts disproportionate and new amounts substituted