McGinley & Anor, R. v (Rev 1) [2021] EWCA Crim 207 (16 February 2021)

McGinley & Anor, R. v (Rev 1) [2021] EWCA Crim 207 (16 February 2021)

The judge considered all relevant factors, followed the applicable sentencing guideline, and imposed sentences within the proper range. Even if dangerousness was found, the judge was entitled to conclude that standard determinate sentences of significant length provided sufficient protection to the public. The sentences were not unduly lenient.

Citation
[2021] EWCA Crim 207
Parties
Applicant: Attorney General; Respondent/offender: Brennan McGinley; Respondent/offender: Connor Leo Morris
Jurisdiction
England and Wales
Judgment Date
16 February 2021
Procedural Posture
Attorney General's Reference (criminal) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 Criminal Justice Act 1988
Outcome
Application for leave to refer refused; sentences affirmed.
Legal Topics
Wounding With Intent, Robbery, Possession of Bladed Article, Dangerousness, Extended Determinate Sentences, Sentencing Guidelines, Mitigation, Aggravating Factors
Criminal Law Sentencing Wounding With Intent Robbery Possession of Bladed Article Dangerousness Extended Determinate Sentences Sentencing Guidelines +2 more

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Parties

Attorney General

Applicant

Brennan McGinley

Respondent/offender

Connor Leo Morris

Respondent/offender

Procedural Posture

Attorney General's Reference (criminal) / Application for Leave to Refer Sentence as Unduly Lenient Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on McGinley and Morris were unduly lenient
  2. 2 Whether the judge erred in not imposing extended determinate sentences for dangerousness
  3. 3 Whether the sentences properly reflected aggravating and mitigating factors

Ratio Decidendi

The judge considered all relevant factors, followed the applicable sentencing guideline, and imposed sentences within the proper range. Even if dangerousness was found, the judge was entitled to conclude that standard determinate sentences of significant length provided sufficient protection to the public. The sentences were not unduly lenient.

Court Disposition

Application for leave to refer refused; sentences affirmed.

Orders

  • Leave to refer refused.
  • Sentences of detention in a young offender institution remain as before: McGinley nine years and two years concurrent; Morris eight years and three years concurrent.