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