Queen v John Hanrahan and James John Hanrahan
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 20 December 2019 |
| Neutral Citation | [2019] NICA 75 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 20 December 2019 |
1
Neutral Citation No: [2019] NICA 75
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11143
Delivered: 20/12/2019
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
JOHN HANRAHAN
and
JAMES JOHN HANRAHAN
________
Before: McCloskey LJ, O’Hara J and Huddleston J
INDEX PARAGRAPH No
Preface [1]
The Appellants’ Offences et al [2] – [4]
Grounds of Appeal [5]
Chronology [6]
The Violent Offences Prevention Orders [7] – [9]
Pre-sentence Reports [10]
Criminal Records [11] – [13]
Legal Framework [14] – [20]
The Human Rights Dimension [21]
The Respondents’ Evidence in Re Pearce [22] – [30]
The Issues [31]
The Legal Test ]32] – [35]
Satisfying the Legal Test [36] – [51]
VOPOs: Procedural Fairness [52] – [55]
Conclusions [56] – [57]
Appendix: The “Specified Violent Offences”
________
McCloskey LJ (delivering the judgment of the court)
Preface
2
[1] This appeal against sentence is brought with the leave of the single judge. It
raises certain novel and hitherto unresolved questions relating to the violent offences
prevention order regime introduced by Part 8 of the Justice (NI) Act 2015. Keegan J
was moved to grant leave to appeal by the novelty of the legal issues and the
desirability of authoritative guidance from this court.
The Appellants’ Offences, Convictions and Sentencing
[2] The two Appellants are father and son. James John Hanrahan (aged 47 years)
is the father and John Hanrahan (aged 28) is the son. Both pleaded not guilty to all
charges when initially arraigned. They were re-arraigned some seven weeks later. On
this occasion the father pleaded guilty to the 2nd, 3rd, 4th and 8th to 13th counts, with the
remaining three counts “left on the books”. The son pleaded guilty to the first to
fourth counts and to the substituted lesser offence of simple burglary (count five)
while counts 6 to 10 were “left on the books”. The offences to which both Appellants
pleaded guilty and the consequential sentencing are set forth in the following table:
Offences of which convicted
Sentences and orders
(1) Count 1 – Aggravated
burglary – 41a Kilmore
Road, Crossgar – armed with
a hammer -19/10/17
James – left on the books
John - 4 year DCS (50/50)
(2) Count 2 – Burglary – 1
Benburb Road, Moy – armed
with a screwdriver –
26/2/18
James – 4 years DCS (50/50)
John – 4 years DCS (50/50)
(3) Count 3 – Common assault –
Gerard Boyle – 26/2/18
James – 6 months
John – 6 months
(4) Count 4 – Burglary with
intent to steal – 18 Ivy Park,
Middleton – 26/2/18
James – 4 years DCs (50/50)
John – 4 years DCS (50/50)
(5) Count 5 – Aggravated
burglary – 14 Seagoe Park,
Portadown – armed with
iron bar – 7/3/18
James – left on the books
John – [Pleaded to simple
burglary –] 4 years DCS
(6) Count 6 – Aggravated
burglary and attempting to
steal – 14 Seagoe Park,
Portadown – armed with a
bat – 7/3/18
James – left on the books
John – left on the books
(7) Count 7 – Common assault –
Craig Willsher – 7/3/18
James – left on the books
John – left on the books
(8) Count 8 – Aggravated
burglary with intent to steal
– St Patrick’s Park, Hilltown
James – 5 years DCS (50/50)
John – left on the books
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2 cases
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Tallon v Director of Public Prosecutions
...there were other ways of making it clear. The amicus also referred to a judgment of Court of Appeal in Northern Ireland, R v Hanrahan [2019] NICA 75, in which the court found that the Crown Court had erred in imposing “intrusive and unnecessary” orders observing that “particular care must b......
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Darren Morton Eadie And John Kennedy Against His Majesty's Advocate
...part 8). These too could be “free standing”, that is made on application to a civil court, or part of a sentencing process (R v Hanrahan [2019] NICA 75 at para 32). The court had to focus on the post-release phase (ibid at para 40). With a free standing order, the court’s forecast was of th......