Queen v John Patrick Maughan and Owen John Maughan
| Jurisdiction | Northern Ireland |
| Judge | Stephens LJ |
| Judgment Date | 25 November 2019 |
| Neutral Citation | [2019] NICA 66 |
| Date | 25 November 2019 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2019 |
1
Neutral Citation No [2019] NICA 66
Ref:
STE11030
Judgment: approved by the Court for handing down
Delivered:
25/11/2019
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
THE QUEEN
-v-
JOHN PATRICK MAUGHAN
and OWEN JOHN MAUGHAN
_________
Before Stephens LJ, Treacy LJ and Keegan J
________
Stephens LJ (delivering the judgment of the court)
Introduction
[1] John Patrick Maughan and Owen John Maughan (“the appellants”) appeal
with the leave of Colton J, the single judge against the sentences imposed on them by
HHJ Miller QC (“the judge”) in a full and careful judgment delivered on
21 December 2017. Concurrent sentences were imposed so that the total effective
sentence in respect of each of them was fourteen years imprisonment (seven years in
custody and seven years on licence). The appeal raises a number of issues including
the appropriate reduction to a sentence when an offender pleads guilty at
arraignment but does not indicate his intention to plead guilty at the outset.
[2] On arraignment on 14 September 2017
(a) both appellants pleaded guilty to a series of offences which they had
committed over a three day period between 22 July 2016 and 25 July
2016 (“the joint offences”). We set out the joint offences and the
sentences imposed in relation to each of them as follows:
(i) three counts of aggravated burglary and stealing contrary to
section 10(1) of the Theft Act (NI) 1969 for which concurrent
determinate custodial sentences of 14 years imprisonment were
imposed;
2
(ii) two counts of attempted burglary with intent to steal contrary to
Article 3(1) of the Criminal Attempts and Conspiracy (NI) Order
1983 and section 9(1)(a) of the Theft Act (NI) 1969 for which
concurrent determinate custodial sentences of 4 years
imprisonment were imposed; and
(iii) one count of burglary with intent to steal contrary to section
9(1)(a) of the Theft Act (NI) 1969 for which concurrent
determinate custodial sentences of 5 years imprisonment were
imposed.
(b) The appellant John Maughan also pleaded guilty to a series of offences
which he committed on 25 July 2016 (“the further offences committed
by John Maughan”). We set out those further offences and the
sentences imposed in relation to each of them as follows
(i) one count of dangerous driving contrary to Article 10(1) of the
Road Traffic (NI) Order 1995 for which a concurrent
determinate custodial sentence of 4 years imprisonment was
imposed;
(ii) one count of attempted possession of a firearm in suspicious
circumstances contrary to Article 3(1) of the Criminal Attempts
and Conspiracy (NI) Order 1983 and Article 64(1) of the
Firearms (NI) Order 2004 for which a concurrent determinate
custodial sentence of 4 years imprisonment was imposed;
(iii) one count of resisting police contrary to section 66(1) of the
Police (NI) Act 1998 for which a concurrent determinate
custodial sentence of 1 year’s imprisonment was imposed;
(iv) one count of possession of a class B drug contrary to section 5(2)
of the Misuse of Drugs Act 1971 for which a concurrent
determinate custodial sentence of 6 months imprisonment was
imposed; and
(v) one count of failing to stop where an accident occurred causing
injury contrary to Article 175 of the Road Traffic (NI) Order 1981
for which a concurrent determinate custodial sentence of 4
months imprisonment was imposed.
(c) The appellant Owen Maughan also pleaded guilty to three further
offences which he committed (“the further offences committed by
Owen Maughan”). The first two of these offences were committed
approximately one year earlier on 13 July 2015. The third was
committed on 25 July 2016. We set out those further offences and the
sentences imposed in relation to each of them as follows
(i) one count of aggravated burglary and stealing contrary to
section 10(1) of the Theft Act (NI) 1969 for which a concurrent
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R v Maughan and Another
...UKSC 13 Supreme Court Easter Term On appeal from: [2019] NICA 66 Lord Hodge, Deputy President Lord Hamblen Lord Burrows Sir Declan Morgan Lord Lloyd-Jones R and Maughan (Appellant) (Northern Ireland) Appellant Martin O'Rourke QC Steffan Rafferty BL (Instructed by John J Rice & Co Solicitors......
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Queen v John Patrick Maughan and Owen John Maughan
...but does not indicate his intention to plead guilty at the outset. On 25 November 2019 this court dismissed their appeals under citation [2019] NICA 66 but granted legal representation in relation to the appeal for solicitor and two counsel. By notices dated 28 November 2019 and 4 December ......