Murphy & Anor, R. v [2024] EWCA Crim 379 (11 April 2024)

Murphy & Anor, R. v [2024] EWCA Crim 379 (11 April 2024)

The Recorder correctly categorised the offence under Category A1 based on targeting high value goods and use of weapons; prior convictions justified higher sentence for BM; no error in principle or manifest excess in sentences; applications for permission to appeal against sentence refused.

Citation
[2024] EWCA Crim 379
Parties
Prosecution: Rex; Applicant: Ben Murphy; Applicant: George Murphy-Bristow
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
applications for permission to appeal against sentence refused
Legal Topics
Robbery, Sentencing Guidelines, Appeal Against Sentence, Categorisation of Harm and Culpability, Disparity in Sentencing
Criminal Law Robbery Sentencing Guidelines Appeal Against Sentence Categorisation of Harm and Culpability Disparity in Sentencing

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Parties

Rex

Prosecution

Ben Murphy

Applicant

George Murphy-Bristow

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the Recorder erred in categorising the offence under sentencing guidelines
  2. 2 Whether the value of targeted goods was correctly assessed
  3. 3 Whether there was unjustified disparity between sentences

Ratio Decidendi

The Recorder correctly categorised the offence under Category A1 based on targeting high value goods and use of weapons; prior convictions justified higher sentence for BM; no error in principle or manifest excess in sentences; applications for permission to appeal against sentence refused.

Court Disposition

applications for permission to appeal against sentence refused

Orders

  • extensions of time refused