Murphy, R v

Murphy, R v

The fresh evidence from Anthony Murphy was not capable of belief and did not undermine the safety of the conviction. The sentence of seventeen years was at the bottom of the guideline range and was justified by the facts. There was no merit in the appeals against conviction or sentence.

Parties
Prosecution: Regina; Applicant: Alison Murphy
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
applications refused
Legal Topics
Attempted Murder, Fresh Evidence, Appeal Out of Time, Sentence Appeal
Criminal Law Attempted Murder Fresh Evidence Appeal Out of Time Sentence Appeal

Case Brief

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Parties

Regina

Prosecution

Alison Murphy

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence undermines the safety of the conviction for attempted murder
  2. 2 Whether the sentence of seventeen years' imprisonment was manifestly excessive

Ratio Decidendi

The fresh evidence from Anthony Murphy was not capable of belief and did not undermine the safety of the conviction. The sentence of seventeen years was at the bottom of the guideline range and was justified by the facts. There was no merit in the appeals against conviction or sentence.

Court Disposition

applications refused

Orders

  • Application for extension of time to appeal conviction refused
  • Application for leave to appeal conviction refused