Rex v Carrie McGuinness

Rex v Carrie McGuinness

The judge was entitled to find the applicant dangerous, to assess her retained responsibility as medium, and to weigh aggravating and mitigating factors as he did. The sentence imposed was not manifestly excessive and the application for leave to appeal is refused.

Parties
Applicant: Carrie McGuinness; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Manslaughter, Diminished Responsibility, Sentencing, Dangerous Offender Provisions
Criminal Law Manslaughter Diminished Responsibility Sentencing Dangerous Offender Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Carrie McGuinness

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the judge erred in finding the applicant dangerous and imposing an extended sentence
  3. 3 Whether the judge erred in assessing the level of retained responsibility as medium rather than low

Ratio Decidendi

The judge was entitled to find the applicant dangerous, to assess her retained responsibility as medium, and to weigh aggravating and mitigating factors as he did. The sentence imposed was not manifestly excessive and the application for leave to appeal is refused.

Court Disposition

renewed application for leave to appeal against sentence refused