McDonagh, R. v [2023] EWCA Crim 778 (22 June 2023)

McDonagh, R. v [2023] EWCA Crim 778 (22 June 2023)

The sentence of two months' imprisonment suspended for 12 months was within the appropriate range for a Category 1A offence under the guidelines, considering the production of a weapon, the victim's fear of violence, and aggravating factors. The reduction for a guilty plea was appropriately limited to 10% as the plea was entered on the day of trial. The sentence was not manifestly excessive.

Citation
[2023] EWCA Crim 778
Parties
Prosecution: Rex; Applicant: Arthur McDonagh
Jurisdiction
England and Wales
Judgment Date
22 June 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Sentencing, Public Order Offences, Use of Weapons, Appeal Against Sentence
Criminal Law Sentencing Public Order Offences Use of Weapons Appeal Against Sentence

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Parties

Rex

Prosecution

Arthur McDonagh

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Council guidelines
  3. 3 Whether appropriate reduction for guilty plea was given

Ratio Decidendi

The sentence of two months' imprisonment suspended for 12 months was within the appropriate range for a Category 1A offence under the guidelines, considering the production of a weapon, the victim's fear of violence, and aggravating factors. The reduction for a guilty plea was appropriately limited to 10% as the plea was entered on the day of trial. The sentence was not manifestly excessive.

Court Disposition

application for leave to appeal against sentence refused