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​Relevance of Sentencing Council Guidelines 

Judicial Officer(s)
DPP's Reference (No.2 of 2013) (McKeown): R v. Han Lin [2013] NICA 28
Morgan LCJ, Higgins LJ & Girvan LJ
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard
R v. Thomas McCaughey and Martin Smyth
Morgan LCJ, Coghlin LJ And Weir J
Burglary – attempted burglary – obstruction – limited relevance/applicability of Guidelines from Sentencing Guidelines Council in E&W – including cases of sexual offending
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