The Court of Appeal has set out a range of sentences that trial judges should consider when dealing with people convicted of witness intimidation.
In a written ruling delivered today the three-judge court indicated a low, middle and upper range of seriousness for such offences. Ms
Justice Aileen Donnelly, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, said sentencing judges will have to consider which range the offending behaviour belongs to and sentence accordingly. The maximum sentence for witness intimidation is 15 years.
Sentences
At the upper end, Ms Justice Donnelly said, judges should consider sentences of between ten and 15 years, where there is evidence of serious or ongoing harm inflicted on the victim, where there are two or more persons involved or where there is an involvement of organised crime, a sustained campaign, or if the intimidation is accompanied by offences against third parties, such as false imprisonment.
The upper range should also be considered where there is "potential for serious harm to the administration of justice."
In the middle range sentences of five to ten years should be considered for offences where there is evidence of planning, an offence committed at the victim's home, work or place of study, or where the intimidation is accompanied by criminal damage or threats of violence, actual violence or the use of a weapon.
Detrimental impact
The mid-range should also be considered where harm is caused to the victim or where there is a detrimental impact on the criminal justice process.
Those at the lower range should face sentences of zero to five years, where the incident is isolated, unplanned, carried out by a single person and with a lack of violence or threat of violence.
Ms Donnelly said that each behaviour does not have to be present for the offence to come within that range and it will be for the sentencing judge to weigh the seriousness of each aspect of the offending behaviour.
