Queen v Gary McKeown, Director of Public Prosecution’s Reference (Number 2 of 2013), The Queen v Han Lin
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 2013,17 May 2013 |
| Neutral Citation | [2013] NICA 28 |
| Date | 17 May 2013 |
| Year | 2013 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2013] NICA 28
Ref:
MOR8879
Judgment: approved by the Court for handing down
Delivered:
17/05/2013
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
GARY MCKEOWN
_________
DIRECTOR OF PUBLIC PROSECUTION’S REFERENCE
(NUMBER 2 of 2013)
________
THE QUEEN
-v-
HAN LIN
________
Before: Morgan LCJ, Higgins LJ and Girvan LJ
_________
MORGAN LCJ (delivering the judgment of the court)
[1] These cases came on for hearing on the same day. The reference is concerned
with the sentence for possession of a commercial quantity of Class A drugs with
intent to supply. The appeal arises from the production by cultivation of a large
amount of cannabis, a Class B drug. We considered it helpful to identify in this
judgment the relevant case law to be considered and the assistance that may be
obtained from the Sentencing Guidelines Council. We have also taken the
opportunity to address the need to make the sentencing process more transparent:
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The People (at the suit of the DPP) v Kevin Molloy
...reasons underlying the approach; R v McCormick (2015) NICA 14 [7]; R v McCaughey & Smith (2014) NICA 61 [22]; R v McKeown, R v Han Lin (2013) NICA 28 [24–25]. 26 There is yet to exist any regulatory framework for the debt collection industry. Such a framework does exist in the United Kingdo......
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The King v Niall Lehd
...This, the court noted, was consistent with the recognition by the SGC of the need for flexibility. [40] In R v McKeown and R v Han Lin [2013] NICA 28 one finds an illustration of this court deciding that SGC Guidelines may properly be deployed in this jurisdiction for some purposes but not ......
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Director of Public Prosecution's Reference (Number 5 of 2019) - Harrington Legen Jack
...is applicable. That guideline does not extend to this jurisdiction, see R v McKeown, R v Han Lin (DDP’s Reference Nos 2 and 3 of 2013) [2013] NICA 28 at paragraph [25] and R v McCaughey and Smyth [2014] NICA 61 at paragraphs [19] – [24]. The definitive sentencing guideline does provide usef......
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THE QUEEN v KT
...his commission of further offences, see R v Gary McKeown, Director of Public Prosecution’s Reference (Number 2 of 2013), R v Han Lin [2013] NICA 28 at [31] and R v Somers & another [2015] NICA 17 at [25]. 17 [65] We have given anxious consideration to the issue as to whether the licence per......
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