SENTENCING GUIDELINES

[2020] NICA 1

[2020] NICA 1
CA (NI) (Morgan LCJ, Stephens LJ, McCloskey LJ)
8 January 2020

The Court of Appeal in Northern Ireland gave guidance on the correct approach to sentencing for fraud and theft where an offender was in a position of trust.

[2019] EWCA Crim 2286

[2019] EWCA Crim 2286
CA (Crim Div) (Lord Burnett LCJ, Fulford LJ, Holroyde LJ)
20 December 2019

In conjoined appeals against sentence brought by two young offenders and an adult offender, the court considered the proper approach to sentencing offenders who suffered from autism or other mental health conditions or disorders.

[2019] EWCA Crim 2174

[2019] EWCA Crim 2174
CA (Crim Div) (Dingemans LJ, Lambert J, Judge Mark Brown)
6 December 2019

Convictions for assault by penetration and sexual assault were safe, despite inadmissible opinion evidence from prosecution witnesses having been adduced before the jury. The total sentence was, however, reduced from eight years’ imprisonment to five years to reflect the overall criminality involved.

[2019] EWCA Crim 2008

[2019] EWCA Crim 2008
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
19 November 2019

A sentencing judge had erred in failing to reach a conclusion on the category of culpability under the Manslaughter Definitive Guideline 2018 of a woman convicted of manslaughter for stabbing to death her partner after a history of domestic violence. A category and starting point should be decided before consideration of the aggravating and mitigating factors.

[2019] EWCA Crim 2282

[2019] EWCA Crim 2282
CA (Crim Div) (Nicola Davies LJ, Jacobs J, Judge Lodder QC)
14 November 2019

A sentence of 20 months’ detention imposed following a guilty plea to causing serious injury by dangerous driving was reduced to 14 months to reflect the young offender’s personal mitigation, including his age, inexperience, injuries and remorse. He was six weeks short of his eighteenth birthday at the time of the offence and, in reducing the sentence, the court took account of the guideline for sentencing children and young people, which referred to appropriate sentences where a significant age threshold was passed.

[2019] EWCA Crim 1836

[2019] EWCA Crim 1836
CA (Crim Div) (Simon LJ, Cockerill J, Judge Bate)
1 November 2019

Although two defendants who had pleaded guilty to violent disorder and had been convicted of applying a corrosive fluid with intent to cause grievous bodily harm were dangerous within the meaning of the Criminal Justice Act 2003 Pt 12 s.229, determinate sentences of 12 and 14 years’ imprisonment provided a sufficient degree of protection to the public to make an extended sentence unnecessary. An extended sentence, including a custodial term of 16 years, was appropriate for a third defendant convicted of similar offences, who had armed himself with the corrosive fluid and had used it indiscriminately, and had previous convictions which indicated a pattern of offending.

[2019] EWCA Crim 1957

[2019] EWCA Crim 1957
CA (Crim Div) (Irwin LJ, Andrews J, Judge Aubrey QC)
31 October 2019

An order disqualifying a woman from keeping dogs for five years made after she was convicted of being in charge of a dog which caused injury while dangerously out of control in a public placed was manifestly excessive and quashed. Most of the adverse factors in the sentencing guideline pertaining to disqualification were absent from the case and the dog was subject to an order requiring it to be muzzled in public.

[2019] EWCA Crim 1865

[2019] EWCA Crim 1865
CA (Crim Div) (Leggatt LJ, Carr J, Judge Thomas QC)
25 October 2019

A judge had failed to pay adequate regard to the likelihood of a young offender’s development and susceptibility to change in the right environment when imposing an extended sentence for offences including robbery. The judge had been wrong not to find that the offending, serious though it was, could be sufficiently punished and the public sufficiently protected by a determinate sentence.

[2019] EWCA Crim 1691

[2019] EWCA Crim 1691
CA (Crim Div) (Davis LJ, William Davis J, Julian Knowles J)
11 October 2019

A fine imposed on a subsidiary company for an offence under the Health and Safety at Work etc. Act 1974 s.3(1) was reduced where the sentencing judge had improperly taken into account the parent company’s turnover and resources when applying an uplift to the starting point reached under the Sentencing Guideline for Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences. The court considered the proper application of the Guideline.

[2019] EWCA Crim 1917

[2019] EWCA Crim 1917
CA (Crim Div) (Holroyde LJ, Julian Knowles J, Judge Dean QC)
8 October 2019

A sentence of three years and nine months’ imprisonment imposed following a guilty plea for the supply of morphine tablets was severe but not manifestly excessive in an unusual case where the supply had led to the death of the defendant’s friend. It was a serious aggravating factor that the defendant had been highly reckless in supplying a drug that he knew that in modest overdose was likely to kill, to a man who was intoxicated and unlikely to heed his warning to take no more than one tablet.

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