McLoughlin, R. v [2024] EWCA Crim 1637 (19 December 2024)

McLoughlin, R. v [2024] EWCA Crim 1637 (19 December 2024)

The sentencing judge was entitled to adopt a starting point above that for the lead count alone to reflect total criminality, to treat the applicant as having a leading role, and to apply aggravating features. The sentence was not manifestly excessive or wrong in principle.

Source-derived case information.

Citation
[2024] EWCA Crim 1637
Parties
Prosecution: Rex; Applicant: Daniel John McLoughlin
Jurisdiction
England and Wales
Judgment Date
19 December 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Sentence
Outcome
application for extension of time refused; application for leave to appeal dismissed
Legal Topics
Drug Offences, Sentencing, Conspiracy, Appeals, Aggravating and Mitigating Factors
Criminal Law Drug Offences Sentencing Conspiracy Appeals Aggravating and Mitigating Factors

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Daniel John McLoughlin

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offences within Category 1 of the sentencing guidelines for drug offences
  2. 2 Whether the judge was wrong to distinguish between the roles of the applicant and co-defendant contrary to the agreed basis of plea
  3. 3 Whether the starting point for sentence was commensurate with the seriousness of the offending

Ratio Decidendi

The sentencing judge was entitled to adopt a starting point above that for the lead count alone to reflect total criminality, to treat the applicant as having a leading role, and to apply aggravating features. The sentence was not manifestly excessive or wrong in principle.

Court Disposition

application for extension of time refused; application for leave to appeal dismissed

Orders

  • Application for extension of time refused
  • Application for leave to appeal against sentence dismissed