Christopher Donaldson v R
The judge's starting point and uplifts for the minimum term were justified by the circumstances, including aggravating factors and the applicant's criminal record. The minimum term of 24 years was not manifestly excessive and the grounds of appeal were not arguable.
- Parties
- Appellant: Christopher Donaldson; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
- Outcome
- application for permission to appeal refused
- Legal Topics
- Murder, Wounding With Intent, Assault Occasioning Actual Bodily Harm, Sentencing, Minimum Term, Totality Principle
Case Brief
Summary, issues, holding and outcome
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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 Whether the starting point for the minimum term for murder was too high
- 2 Whether the judge failed to have sufficient regard to the principle of totality
- 3 Whether the minimum term imposed was manifestly excessive
Ratio Decidendi
The judge's starting point and uplifts for the minimum term were justified by the circumstances, including aggravating factors and the applicant's criminal record. The minimum term of 24 years was not manifestly excessive and the grounds of appeal were not arguable.
Court Disposition
application for permission to appeal refused
Orders
- Application for permission to appeal against sentence is refused.
Full Case Text
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