Category: Northern Ireland

Norbrook Laboratories Ltd v Department of The Environment for Northern Ireland: CANI 6 Sep 2011

[2011] NICA 38
Bailii
Pollution Prevention and Control Regulations (Northern Ireland) 2003
Northern Ireland
Citing:
Cited – Postermobile plc v London Borough of Brent Admn 11-Nov-1997
At a meeting with Council Officers, the Appellants were told that they did not need consent for advertisements under the advertisements regulations. In reliance on that advice advertisements were erected and the Council then prosecuted the . .

These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.451587

Rooney and Others, Re Attorney General’s Reference (Number 1 of 2005): CANI 11 Nov 2005

The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided.
Held: ‘a commercial robbery carried out as a well planned venture, where firearms or imitation firearms are used and where the perpetrators use or are prepared to use violence, the starting point for sentence after a contest should be fifteen years. On a plea of guilty at the earliest opportunity the appropriate starting point is ten years’ imprisonment.’
The court gave detailed guidance as to the practice to be followed in cases where an indication was sought on sentencing, setting out a practice of holding a preliminary hearing to obtain from the trial judge an indication of the possible sentence in the event that a plea of guilty is entered.
Kerr LCJ, Nicholson LJ and Campbell LJ
[2006] NI 218, [2005] NICA 44
Bailii
Theft Act (Northern Ireland) 1969 8(1)
Northern Ireland
Citing:
Cited – Regina v O’Neill CANI 1984
The court gave sentencing guidelines for offences of robbery. Gibson LJ said: ‘In circumstances such as obtain nowadays in Northern Ireland where firearms are frequently used to rob banks and post offices this Court would re-affirm that a sentence . .
Cited – Regina v Colhoun CANI 1988
The Court affirmed a sentence of 10 years imprisonment for the armed robbery of andpound;50 from a small shop: ‘Since the judgment of this court in R -v- O’Neill there has been no diminution in the number of armed robberies. They are very serious . .
Cited – Regina v Turner CACD 1975
The starting point for sentencing for a serious armed robbery or the ‘hold up’ of a security or Post Office vehicle is in the region of 15 years, if firearms were carried and no serious injury inflicted and that the absence of a criminal record . .
Cited – Pearson, Re, Attorney General’s Reference No 1 of 2004 CANI 20-Feb-2004
The Sentencing Advisory Panel consultation paper published in April 2003 should be regarded as providing authoritative guidance as to levels of sentencing in robbery cases. R -v- Turner [1975] 61 CAR 67 remained the touchstone for sentencing ranges. . .
Cited – Regina v McKeown CANI 1999
The Court dismissed appeals against sentences of 12 years imprisonment for conspiracy to rob (following guilty pleas) in circumstances where the offenders, who had no criminal records, burst into the family home of the manageress of a sub post . .
Cited – Regina v Coates CANI 1998
The Court dismissed an appeal against a sentence of 10 years’ imprisonment imposed for armed robbery of almost andpound;9,000 from a bank: ‘Armed robbery at banks is a growing form of criminal activity and the efforts of the courts to deter do not . .
Cited – Regina v Kastercum CACD 1972
The court considered when it might be appropriate to impose concurrent sentences: ‘where several offences are tried together and arise out of the same transaction, it is a good working rule that the sentences imposed for those offences should be . .
Cited – Attorney General’s Reference (Number 8 of 2004) (Dawson and Others) CANI 15-Apr-2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty . .
Cited – Attorney General’s Reference (No 3 of 2003) (Rogan) CANI 2001
The court discussed the need to take notes of meetings in chambers between the judge and counsel. The court set out four principles to be applied: ‘1. There should be freedom of access for counsel to judges, but that does not mean freedom to discuss . .
Cited – Attorney General’s Reference No. 1 of 1991 CANI 1991
The court discussed the use of concurrent sentences: ‘we do not consider that there is a principle that a trial judge necessarily errs if he imposes concurrent and not consecutive sentences. Moreover, we consider that in Northern Ireland concurrent . .
Cited – Regina v McNeill CANI 1993
It is a basic principle that justice must be done in public, for all to see and hear, and all communications between counsel and judge should wherever possible be made in open court. . .
Cited – Regina v Turner CACD 1970
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge.
Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though . .
Cited – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
Cited – Goodyear, Karl, Regina v CACD 19-Apr-2005
The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison . .
Cited – Attorney General’s Reference (No 19 of 2004) (Charlton) CACD 2004
The sentencing judge had indicated in chambers to defence counsel, that he was minded not to impose a custodial sentence if a plea was entered to a mooted charge. Prosecuting counsel was present but did not contribute to the discussion although he . .
Cited – Attorney General’s Reference No 4 of 1996 (Robinson) CACD 1997
When a judge has given an indication as to sentence, that does not preclude the Attorney General from bringing the matter before the Court of Appeal for it to consider whether or not the sentence was unduly lenient. However the indication given by . .
Cited – Attorney General’s Reference (No 3 of 2003) (Rogan) CANI 2001
The court discussed the need to take notes of meetings in chambers between the judge and counsel. The court set out four principles to be applied: ‘1. There should be freedom of access for counsel to judges, but that does not mean freedom to discuss . .

Cited by:
Cited – Mackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .

These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.234845

McKerr v Armagh Coroner: HL 1990

It is for the coroner to decide how to adduce the necessary evidence as to death. Lord Goff discussed Rule 17 of the 1980 Rules: ‘Nor, in my opinion, does the mere fact that a rule restricts the power of a coroner as to the evidence which he may call prevent the rule in question from being one which regulates practice or procedure. In this connection, rule 17, concerned with documentary evidence at inquests, provides an apt illustration. I have already set out the text of that rule (as amended). A similar, though not identical, rule applies in relation to documentary evidence at coroners’ inquests in England and Wales: see rule 37 of the Coroners Rules 1984 (SI 1984 No 552). The general rule is that a coroner, who is conducting an inquisitorial process concerned to elicit certain facts, is not bound by the strict rules of evidence. Yet here, in rule 17, we find a rule which defines the power of a coroner to admit documentary evidence. I cannot, for my part, see why that fact should prevent the rule from being described as a rule which regulates practice or procedure at a coroner’s inquest. It plainly does, in that it regulates the manner in which the coroner shall, at an inquest, set about his task of eliciting the relevant facts.’
References: [1990] 1 WLR 649, [1990] 1 All ER 865
Judges: Lord Goff
Statutes: Coroners (Practice and Procedure) Rules (NI) 1980 17
Jurisdiction: England and Wales
This case cites:

  • Approved – Regina v South London Coroner ex parte Thompson 8-Jul-1982
    The court discussed the function of the coroner and his inquest.
    Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise . .
    ([1982] 126 SJ 625)

This case is cited by:

  • Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
    The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
    (, [2004] 1 WLR 807, Times 12-Mar-04, , [2004] UKHL 12, Gazette 01-Apr-04, [2004] 2 All ER 409, [2004] UKHRR 385, [2004] NI 212, 17 BHRC 68, [2004] Lloyd’s Rep Med 263, [2004] HRLR 26)
  • Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
    The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
    (, [2004] 1 WLR 807, Times 12-Mar-04, , [2004] UKHL 12, Gazette 01-Apr-04, [2004] 2 All ER 409, [2004] UKHRR 385, [2004] NI 212, 17 BHRC 68, [2004] Lloyd’s Rep Med 263, [2004] HRLR 26)
  • Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
    An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as . .
    ((1992) NI 74)
  • Adhered to – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine, Same Ex Parte Breslin HL 1-Apr-1992
    The Coroner had held an inquest into the deaths of three persons who had been shot by soldiers. The Coroner had admitted statements made by the soldiers under Rule 17 of the Northern Ireland Rules. Those statements had been produced in evidence by . .
    (Gazette 01-Apr-92, [1992] 1 WLR 262)
  • Cited – Assistant Deputy Coroner of Inner West London v Paul and Another, Regina on the Application of CA 28-Nov-2007
    The coroner appealed a judicial review granted after he allowed into evidence, hearsay evidence contained in a written statemnent from a witness who could not attend the inquest.
    Held: Rule 37 does not allow the admission of a document, even . .
    (, [2007] EWCA Civ 1259, Times 11-Dec-07, [2007] Inquest LR 270, [2008] 1 All ER 981, [2008] 1 WLR 1335)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194456

Regina v Secretary of State ex parte Toner and Walsh; NIQB 1997

References: [1997] NIQB 18
The claimants sought damages saying that the respondent had infringed their human rights in removing their right to vote in an election whilst serving prison sentences.
This case is cited by:

  • Cited – Tovey and Others -v- Ministry of Justice QBD (Bailii, [2011] EWHC 271 (QB))
    The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim.

M v M; FDNi 20 Dec 2001

References: Unreported, 20 December 2001
Coram: McLaughlin J
The court considered the approach to the evaluation of contributions in ancillary relief proceedings in a divorce where there were substantial assets. McLaughlin J said: ‘In the course of adducing evidence before me counsel sought to tempt me with a bait of this kind. He led evidence, and relied upon it in his closing submissions, that the husband worked very long hours getting out of bed at 6.00am to be at work by 7.00am. His work did not finish until late in the evening as he carried on his working day by supervising Y limited and the other business premises owned by the company. I accept all of that evidence as true, but to concentrate on that and fail to recognise that, whilst he toiled at work on company business, Mrs M from early in the morning was getting the children ready for school, taking them there, running the home during the day, collecting them after school, cooking and cleaning, nurturing them by ferrying them to social, sporting and recreational activities, supervising homework and tutoring them when required, would be to be guilty of the very kind of discrimination warned against by Lord Nicholls. An example of the value of the life’s work of Mrs M can be seen today in the accomplishments and personalities of their children. These are the abiding rewards of her labour of love rather than the transient rewards in the form of money produced by the labour of the husband. In the context of this family’s life these admirable qualities of both parties are to be considered of equal value. Indeed the words of Lord Nicholls might almost have been written to describe the respective roles of Mr and Mrs M.’
This case cites:

This case is cited by:

  • Cited – Shan Elizabeth Rose Lambert -v- Harry Paul Lambert CA (Times 27-Nov-02, Bailii, [2002] EWCA Civ 1685, [2003] 1 FLR 139, [2003] Fam 103, [2003] 2 WLR 631, [2003] 4 All ER 342, [2002] 3 FCR 673, [2003] Fam Law 16, Independent 21-Nov-02)
    The parties appealed an order for the division of the family’s 20 million pound fortune on divorce. The husband argued that his special contribution to the creation of the wealth meant that he should receive a greater share.
    Held: The Act gave . .