R v Ross McCullam

R v Ross McCullam

The trial judge was entitled to find, based on the evidence, that he could not be sure the murder involved sexual conduct. There was no evidence that the acts resulting in death were sexual in nature or that sexual activity formed part of the murder itself. The judge's conclusion was open to him and justified by his reasons. The sentence was not unduly lenient.

Parties
Applicant: Attorney General; Respondent: Ross McCullam
Jurisdiction
England and Wales
Judgment Date
14 March 2023
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Application for Leave to Refer Sentence as Unduly Lenient
Outcome
leave to refer refused
Legal Topics
Murder, Sentencing, Unduly Lenient Sentence, Sexual Conduct in Murder, Attorney General's Reference
Criminal Law Murder Sentencing Unduly Lenient Sentence Sexual Conduct in Murder Attorney General's Reference

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Parties

Attorney General

Applicant

Ross McCullam

Respondent

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Application for Leave to Refer Sentence as Unduly Lenient

Legal Issues

  1. 1 Whether the sentence imposed for murder was unduly lenient due to failure to apply the 30-year starting point for murders involving sexual conduct under Schedule 21 of the Sentencing Code
  2. 2 Whether the trial judge erred in finding that the murder did not involve sexual conduct

Ratio Decidendi

The trial judge was entitled to find, based on the evidence, that he could not be sure the murder involved sexual conduct. There was no evidence that the acts resulting in death were sexual in nature or that sexual activity formed part of the murder itself. The judge's conclusion was open to him and justified by his reasons. The sentence was not unduly lenient.

Court Disposition

leave to refer refused

Orders

  • Leave to refer the sentence as unduly lenient is refused.