| R v. Crossan [1989] 2 NIJB 72 |
Lowry LCJ |
Conspiracy - attempted murder - appellant found guilty of both offences - longer sentence imposed in respect of conspiracy - observations on sentencing - membership of proscribed organised - maximum sentence imposed - whether appropriate. |
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| R v. Cunningham & Devenney [1989] NI 350 |
Hutton LCJ, Kelly and MacDermott LJ |
Conspiracy to murder - possession of firearms with intent - 20 and 18 years imprisonment - whether excessive - whether trial judge gave sufficient weight to accused's submissions - whether penalised for "not guilty" plea - observations on approach to sentencing for terrorist crimes. |
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| R v. O'Reilly [1989] NI 120 |
Hutton LCJ, Kelly LJ and Nicholson J |
Explosive substances - possession with intent - accused an active participant in transport of explosives - whether mere possession amounted to possession with intent. |
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| R v. Payne & Others [1989] 9 NIJB 28 |
Hutton LCJ |
Duress - accused a member of a sinister group with criminal objectives and coercive methods - whether Crown must prove accused an active member of group - possession of firearms with intent - sentences of 19 and 14 years - whether excessive. |
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| R v. O'Reilly & Montgomery [1989] 10 NIJB 20 |
Hutton LCJ |
Possession of explosive substance - 10 years imprisonment - whether excessive - weight to be given to plea that accused acted under pressure - court misinformed as to maximum sentence for an offence. |
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| R v. Shaw & Houston [1989] 8 NIJB 60 |
Hutton LCJ |
Petrol bomb - thrown into occupied house at night - guidelines on sentencing. |
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| R v. Blaney & Others [1989] NI 286 |
Hutton LCJ and MacDermott LJ |
Making of petrol bombs, hi-jacking and arson of vehicles - sentences of detention and imprisonment - appellant's previous clear records - whether sentences excessive. |
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| R v. Breslin & Forbes [1990] NI 23 |
Hutton LCJ and MacDermott LJ |
Possession of explosives and firearm with intent - appellants convicted of possession of a drogue bomb and automatic rifle with intent to endanger life - sentenced to 18 years imprisonment - whether sentence excessive - whether trial judge took irrelevant matters into consideration. |
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| R v. Devlin (14/12/90) |
Murray LJ |
Making property available for terrorism - house made available for use as hide for explosives - knowledge of use made of house - whether 5 years imprisonment manifestly excessive. |
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| R v. McCorley [1991] 4 NIJB 70 |
Hutton LCJ |
Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive. |
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| Attorney General's Reference (Nos.3 & 4 of 1992) [1992] NI 187 |
Hutton LCJ |
Grievous bodily harm with intent - throwing of petrol bombs and arson - aiding offence - sentenced to probation with conditions - length of detention for young offender - whether unduly lenient. |
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| R v. Carroll & Carroll [1992] 11 NIJB 93 |
MacDermott LJ |
Possession of firearms with intent to endanger life - whether 22 years excessive - deterrent sentences for terrorists. |
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| R v. O'Neill [1992] NI 333 |
Hutton LCJ, MacDermott LJ and Nicholson J |
Possession of firearm with intent - sentence of 12 years' imprisonment imposed - offence committed while on licence from prison - order to return to prison to complete sentence - whether imposition of consecutive sentence excessive. |
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| R v. Connolly [1994] NIJB 226 |
Hutton LCJ, Kelly J and MacDermott LJ |
Possession of explosives and firearms - length of sentence - appellant pleading guilty to possession of explosives and firearms but not challenging Crown's evidence - whether sentence of 20 years' imprisonment manifestly excessive - whether appellant entitled to discount. |
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| R v. Jones (27/01/95) |
Hutton LCJ and McCollum J |
Possession of unauthorised firearm without certificate - army sergeant - gun enthusiast - whether prison sentence appropriate irrespective of whether or not it is to be suspended. |
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| R v. Glennon & Others (03/03/95) |
MacDermott LJ |
Terrorist offences - conspiracy to murder, possession of firearms with intent and false imprisonment - court should decide appropriate sentence without reference to questions of remission or parole - deterrent sentences for terrorist offences. |
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| R v. Murray (30/03/95) |
Hutton LCJ |
Conspiracy to murder and conspiracy to cause explosion - whether rules for remission in respect of prisoners serving life sentence differ from those for other serious offences - court should decide appropriate sentence without reference to questions of remission of parole - whether entitled to discount where defendant did not dispute evidence or require Crown to call evidence of proof but did not plead guilty. |
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| R v. Adams & Others (26/10/95) |
Carswell LCJ |
Conspiracy to murder, cause an explosion and other offences - appellants elected not to challenge prosecution evidence - not the equivalent of quilty plea - deterrent sentences for terrorists - disparity of sentence between co-accused. |
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| R v. Hannigan & Brogan (17/11/95) |
Carswell LCJ |
Attempted murder and possession of firearms with intent - joint enterprise - whether accessory had sufficient knowledge or contemplation - sentence for terrorist offences in view of cease-fire - prisoner had offended whilst released on licence. |
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| R v. McCann (18/01/96) |
Hutton LCJ |
Attempted murder of soldier - deterrent sentences - whether sentence of 25 years manifestly excessive - whether Court of Appeal can analyse sentences passed by other judges for similar offences. |
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| R v. Arthurs (29/03/96) |
Hutton LCJ |
Conspiracy to cause explosion and possession of explosive substances with intent - mortar bomb which exploded accidentally - deterrent sentences for terrorist offences - whether sentence of 25 years manifestly excessive. |
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| R v. McGuigan (14/11/97) |
Kerr J and Pringle J |
Grievous bodily harm with intent - assault using iron bar - "punishment beating" - deterrent sentences. |
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| R v. Shoukri [2003] NICA 53 |
Carswell LCJ, Nicholson LJ and Kerr LJ |
Firearms (NI) Order 1981 - possession of firearms and ammunition in suspicious circumstances - burden of proving lawful object - sentence |
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| Attorney General's Reference (No 3 of 2004) (Hazlett) [2004] NICA 20 |
Kerr LCJ, Campbell LJ and Shiel J |
Firearms Offences - whether sentence is unduly lenient - double jeopardy |
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