Queen v Todd Newton, Ruari Doey and Steven Doherty - Director of Public Prosecution's Reference (Numbers 8, 9 & 10 Of 2013)

[1] ������ This is a reference by the PPS of sentences imposed by Judge Marrinan at Antrim Crown Court on 22 April 2013 on their pleas to the offence of attempted grievous bodily harm with intent. Newton was sentenced to twelve months detention suspended for three years. Doey was sentenced to a Juvenile Justice Centre Order of six months detention followed by six months supervision. Doherty was sentenced to a determinate custodial sentence of three years detention with eight months custody followed by a licence period of twenty-eight months.

[4] ������ The learned trial judge correctly stated that the manner in which this young boy was set upon by these three offenders was chilling to watch and must have engendered considerable fear in those who were unfortunate enough to see the incident develop. Members of the public had to run from the bottom of the steps to avoid getting caught up in the attack and the vicious nature and intensity of the kicking was the undoubted reason why no member of the public felt able to go to the rescue of the injured party.

[5] ������ Fortunately, the injured party received only minor physical injuries consisting of an abrasion to the left temple area and was able to summon the assistance of a passing police officer. He made a statement stating that he is now nervous and afraid to go out in case he meets his attackers. He has received counselling. We agree with the learned trial judge that a professionally prepared report would have been of greater value to the sentencer.

[10] ���� It is a disturbing aspect of the work of this court that in recent years there has been an increasing prevalence of such violence. In R v Magee [2007] NICA 21 the court noted that shocking instances of gratuitous violence by kicking defenceless victims while they were on the ground were common in the criminal courts. As noted by the learned trial judge this court gave guidance on the appropriate sentencing range for cases of this type in DPP�s Reference (Nos 2 and 3 of 2010) McAuley and Seaward [2010] NICA 36 at paragraph 7.

[14] ���� The leading authority on the sentencing of children in this jurisdiction is R v CK, a minor [2009] NICA 17 . The court identified the aims of the youth justice system in section 53 of the Justice (Northern Ireland) Act 2002.