Donaldson v R. [2024] EWCA Crim 55 (17 January 2024)

Donaldson v R. [2024] EWCA Crim 55 (17 January 2024)

The sentencing judge's application of a 21-year starting point for murder, uplift for aggravating factors, and consideration of totality was appropriate; the minimum term of 24 years was not manifestly excessive.

Citation
[2024] EWCA Crim 55
Parties
Appellant: Christopher Donaldson; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
17 January 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
Application for permission to appeal refused
Legal Topics
Murder, Sentencing, Appeal, Wounding With Intent, Assault Occasioning Actual Bodily Harm, Minimum Term, Totality Principle
Criminal Law Murder Sentencing Appeal Wounding With Intent Assault Occasioning Actual Bodily Harm Minimum Term Totality Principle

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Parties

Christopher Donaldson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 24 years imposed for murder and associated offences was manifestly excessive
  2. 2 Whether the judge failed to have sufficient regard to the principle of totality
  3. 3 Whether the starting point for the murder sentence was too high

Ratio Decidendi

The sentencing judge's application of a 21-year starting point for murder, uplift for aggravating factors, and consideration of totality was appropriate; the minimum term of 24 years was not manifestly excessive.

Court Disposition

Application for permission to appeal refused