MacDowall, R. v [2024] EWCA Crim 294 (07 March 2024)

MacDowall, R. v [2024] EWCA Crim 294 (07 March 2024)

Given the gravity and circumstances of the offences, the judge was entitled to conclude that a pre-sentence report was unnecessary and to impose an extended sentence for public protection; the appeal report confirmed the appellant's dangerousness, rendering the extended sentence unimpeachable.

Citation
[2024] EWCA Crim 294
Parties
Prosecution: Rex; Appellant: Carl MacDowall
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Dangerousness Assessment, Extended Sentence, Pre Sentence Report, Firearms Offences, Kidnapping, Wounding With Intent, Drug Offences
Criminal Law Sentencing Dangerousness Assessment Extended Sentence Pre Sentence Report Firearms Offences Kidnapping Wounding With Intent +1 more

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Parties

Rex

Prosecution

Carl MacDowall

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing an extended sentence without obtaining a pre-sentence report
  2. 2 Whether the extended licence period was justified under the Sentencing Act 2020

Ratio Decidendi

Given the gravity and circumstances of the offences, the judge was entitled to conclude that a pre-sentence report was unnecessary and to impose an extended sentence for public protection; the appeal report confirmed the appellant's dangerousness, rendering the extended sentence unimpeachable.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.