Maughan, R. v (Northern Ireland)

Appellant

Martin O’Rourke QC

Steffan Rafferty BL

(Instructed by John J Rice & Co Solicitors (Belfast))

Respondent

Samuel Magee QC

Natalie Pinkerton BL

(Instructed by Public Prosecution Service for Northern Ireland (Belfast))

Intervener (Lord Advocate)

(written submissions only)

Her Majesty’s Advocate

(Instructed by Appeals Unit, Crown Office (Edinburgh))

SIR DECLAN MORGAN: (with whom Lord Hodge, Lord Hamblen, Lord Burrows and Lord Lloyd-Jones agree)

1. The appellant pleaded guilty at arraignment on charges of aggravated burglary and stealing, false imprisonment, burglary, attempted burglary and allowing himself to be carried at Downpatrick Crown Court on 14 September 2017. In this appeal it is contended that the sentencing judge erred in reducing the discount to which he was entitled for his plea by reason (i) of his failure to accept responsibility for his offending behaviour when requested for interview after detention or to indicate his intention to plead guilty at any stage prior to arraignment and (ii) the fact that he was caught red handed in respect of some of the offences.

Background

2. The detection of the appellant and his brother, who was also his co-accused in most of these offences, occurred as a result of events in the late evening of 24 July 2016. At approximately 9.55 pm a 62 year old householder returned to the home that he shared with his two sisters in Newcastle, Co Down. As he opened the front door the appellant and his brother ran up behind him and made their way into the house. The appellant was brandishing a knife. His brother had a screwdriver and lifted a large carving knife threatening to kill one of the sisters. They searched the house for money and valuables which they gathered in a bag. One of the ladies had a chain pulled off her neck and her watch taken. They then made off in the householder’s car.
3. The attack was reported to police that evening and at approximately 11.30 pm the vehicle was identified travelling through Belfast. There followed a high-speed chase at speeds of over 100 mph with the vehicle avoiding a stinger by going through a roundabout on the wrong side and travelling through red lights. When cornered the stolen vehicle was used to ram the following police vehicle and subsequently was driven directly at an officer pointing a rifle towards the vehicle.
4. Eventually the vehicle came to a halt and the appellant and his brother attempted to make a run for it. They were arrested without warrant shortly afterwards and a range of items from the property in Newcastle were recovered. On any view in respect of these incidents the offenders were caught red-handed.
5. Further enquiries established compelling evidence including CCTV that in the previous three days the appellant and his brother had attempted to burgle a Parochial House in Holywood, and committed an aggravated burglary of a Parochial House in Finaghy, an aggravated burglary of a house adjacent to a Parochial Hall in Dungannon, an attempted burglary of a Parochial House in Castlewellan, and…