| R v. McDonald, Taggart and Farquhar [1989] N137 |
O'Donnell LJ and Higgins LJ |
Sentencing - Rape - Guidelines Appropriate starting point in contested cases - Aggravating and mitigating circumstances - Whether sentences excessive. |
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| R v. Charters [1989] N1262 |
Hutton LCJ and Kelly LJ |
Sentencing - Incest - Aggravating factors - 9 years' imprisonment - whether sentence excessive - Punishment of Incest Act 1908 (c45). |
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| Attorney General's Reference (No.1 of 1989) [1989] N1245 |
Hutton LCJ and MacDermott LJ |
Sentencing - Rape- 5 years' imprisonment - victim aged 6 and half years - Whether sentence unduly lenient - Criminal Justice Act 1988 (c33), s36. |
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| R v. Gallagher (06/04/90) |
Hutton LCJ and MacDermott LJ |
Rape of woman in own home - aggravating factors - whether sentence of 12 years excessive. |
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| R v. McCafferty (25/10/91) |
Kelly LJ and Higgins J |
Indecent assault on young girl - appellant held position of trust with girl's parents - aggravating and mitigating factors. |
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| R v. Harkness (15/10/93) |
Carswell J and McCollum J |
Assault with intent to rape - sentencing for "completed" rape and attempted rape. |
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| R v. McMillan (04/03/94) |
Kelly LJ and Campbell J |
Buggery - offences committed by uncle in boy's home - time lapse between date of offence and prosecution. |
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| R v. W (26/10/95) |
Carswell LJ and McCollum J |
Incest - rape and indecent assault of daughters - aggravating and mitigating factors. |
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| Attorney General's Reference (No.4 of 1995) (R v. Moore) (14/03/96) |
MasDermott LJ, Hutton LCJ and Campbell J |
Sentencing - rape of young girl at knifepoint by TA soldier - plea of guilty - discussion between trial judge and defence counsel in chambers regarding likely sentence - whether 5 years unduly lenient. |
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| R v. Brady (22/11/96) |
Hutton LCJ and Higgins J |
Application for leave to appeal against sentence - indecent assault on young girls - state of health and age of applicant - whether offences were "persistent" - accused had gained trust of girls - whether sentence excessive. |
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| R v. Lemon (20/12/96) |
McCollum J and Carswell LJ |
Appeal against sentence - indecent assault of young girl - appellant in position of trust and influence. |
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| R v. McColgan (24/01/97) |
Carswell LCJ and Kerr J |
Application for leave to appeal against sentence - rape - contested case - aggravating and mitigating factors. |
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| R v. Horrocks (07/02/97) |
MacDermott LJ and McCollum LJ |
Indecent assault on and indecent conduct with partner's child - previous conviction for gross indecency with and indecent assault of step-children - imposition of consecutive sentences - time lapse between date of offences and prosecution. |
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| R v. J M (18/03/97) |
MacDermott LJ and Sheil J |
Appeal against sentence - rape and sexual abuse of daughter - whether 16 years sentences excessive - deterrent sentences - weight to be given to mental condition of appellant. |
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| R v. Boyd (18/04/97) |
MacDermott LJ and Nicholson LJ |
Buggery, indecent assault and gross indecency with young boy - supply of prosecution evidence to defence - objective evaluation of new material - sentencing in child sexual abuse cases. |
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| R v. McQuillan & McCormick (02/05/97) |
MacDermott LJ and Campbell J |
Rape of German tourist - aggravating and mitigating factors - guideline cases. |
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| R v. Molloy [1997] NIJB 241 |
Carswell LCJ and Pringle J |
Rape, attempted buggery and indecent assault of pregnant woman in her own home - attack caused "major psychological trauma" to victim - whether 15 years excessive. |
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| Attorney General's Reference (No.5 of 1996) (R v. D) [1997] NIJB 45 |
MacDermott LJ and Campbell J |
Sentencing - rape and indecent assault on Daughter by father - "incestuous rape" and sexual abuse - whether sentence unduly lenient - age of offender and aggravating factors. |
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| Attorney General's Reference (No.9 of 2003) [2003] NICA 41 |
Carswell LCJ, Campbell LJ and Weir J |
Unduly lenient sentence - rape and indecent assault - totality |
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| Attorney General's Reference (No.16 of 2003) [2003] NICA 44 |
Carswell LCJ, Campbell LJ and Weir J |
Indecent assault - several child victims over many years - concurrent/consecutive sentences |
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| Attorney General's Reference (No.2 of 2004) (Daniel John O'Connell) [2004] NICA 15 |
Kerr LCJ, Nicholson LJ and Campbell LJ |
Rape, attempted rape and indecent assault |
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| Attorney General's Reference (No.4 of 2005) Martin Kerr [2005] NICA 33 |
Kerr LCJ, Campbell LJ and Hart J |
Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others |
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| R v. Bateson [2005] NICA 37 |
Nicholson LJ, Campbell LJ and Shiel LJ |
Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender |
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| R v. D O [2006] NICA 7 |
Kerr LCJ, Nicholson LJ and Campbell LJ |
Rape, Buggery, Totality |
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| Attorney General's Reference (No.3 of 2006) (Michael John Gilbert) [2006] NICA 36 |
Kerr LCJ, Campbell LJ and Weatherup J |
Rape, assault and burglary |
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| R v. McColgan [2006] NICA 41 |
Kerr LCJ, Campbell LJ and Sheil LJ |
Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence |
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| R v. JR [2007] NICA 5 |
Kerr LCJ, Campbell LJ and Sheil J |
Proper approach to sentencing in cases of historic familial abuse |
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| R v Shannon [2008] NICA 38 |
Campbell LJ & Higgins J |
Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs |
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| The Queen v. CK, a minor, [2009] NICA 17 |
Kerr LCJ, Higgins LJ and Girvan LJ |
Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed |
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| R v. SG [2010] NICA 32 |
Morgan LCJ, Higgins LJ and Coghlin LJ |
Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003 |
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| R v. EB [2010] NICA 40 |
Morgan LCJ and Higgins LJ |
Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence |
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| R v Matyas Pis [2012] NICC 14 |
HHJ Burgess |
First instance sentencing remarks – guidance pending Court of Appeal deliberation – trafficking offences – Hungarian – controlling activities of another for purposes of prostitution for gain contrary to Article 63 of Sexual Offences (NI) Order 2008 – assisting in management of brothel Article 64(1) of Sexual Offences (NI) Order 2008 – trafficking two persons into UK for the purposes of sexual exploitation contrary to Section 57(1)(a) of Sexual Offences Act 2003 |
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