Murphy, R. v [2025] EWCA Crim 992 (08 July 2025)
The sentencing judge was entitled to apply the terrorism guideline as a framework, make a downward adjustment for absence of terrorist motivation, and increase the sentence for aggravating factors, resulting in a sentence within the proper range. No error of principle or approach was found.
- Citation
- [2025] EWCA Crim 992
- Parties
- Respondent: Rex; Appellant: Alan Murphy
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2025
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment on Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Explosive Substances, Firearms Offences, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Alan Murphy
Appellant
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Legal Issues
- 1 Whether the sentencing judge erred in applying the Explosive Substances (terrorism only) Guideline to a non-terrorism case
- 2 Whether sufficient downward adjustment was made for absence of terrorist motivation
- 3 Whether aggravating and mitigating factors were properly balanced
Ratio Decidendi
The sentencing judge was entitled to apply the terrorism guideline as a framework, make a downward adjustment for absence of terrorist motivation, and increase the sentence for aggravating factors, resulting in a sentence within the proper range. No error of principle or approach was found.
Court Disposition
appeal dismissed
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