R v W
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 17 October 2014 |
| Neutral Citation | [2014] NICA 71 |
| Date | 17 October 2014 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2014 |
1
Neutral Citation No. [2014] NICA 71 Ref: GIR9400
Judgment: approved by the Court for handing down Delivered: 17/10/2014
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
-v-
W
________
Girvan LJ Coghlin LJ and Weatherup J
________
Girvan LJ (delivering the reasons of the court)
Introduction
[1] This is an application by W pursuant to a notice of appeal against sentence
dated 8 May 2014 for leave to appeal against a total sentence of 5 years 8 months
imprisonment imposed by Horner J following W’s pleas of guilty to a total of 23
offences against her children in the 1980s, comprising of 12 counts of wilful neglect
of her children, 5 counts of wilful assault upon her children and 6 counts of gross
indecency with or towards her children. Leave to appeal was refused by the single
judge on 8 August 2014. The applicant’s husband, X, was also prosecuted and
pleaded guilty to a total of 17 offences comprising 6 counts of wilful neglect of his
children and 11 counts of wilful assault upon his children. He was sentenced to a
total of 4 years’ imprisonment. He sought leave to appeal that sentence. He was
likewise refused leave by the single judge. He has since abandoned his appeal. At
the conclusion of the application we informed the applicant that the application was
dismissed and that reasons would be given later. We set out our reasons in this
judgment.
[2] The learned trial judge prohibited publication of any information that would
identify the victims. For the purposes of his sentencing remarks he referred to the
applicant as “W” and to the father as “X.” In this judgment we use the same mode
of anonymising the identity of the mother and father of the victims.
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2 cases
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The Queen v Andre Penn
...Prosecutions), Respondent v Abdulakim Yusuf, Applicant [2008] 4 IR 204A-G's Reference (No 2 of 2009); R v JQ [2009] NICA 44; See for example R v W [2014] NICA 71; R v Jones (Christopher John) [2015] EWCA Crim 31 31 Per Hughes LJ VP at paragraph 19 in Attorney General's Reference No 79 of ......
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Queen v CD
...between the two co-accused. We therefore turn to our conclusion having considered that core point on appeal. Consideration [15] In R v W [2014] NICA 71 the Court of Appeal summarised the principles in applying sentencing in cases of child neglect and child cruelty at paragraph [19] and we r......