R v Daniel John McLoughlin

R v Daniel John McLoughlin

The judge was entitled to adopt a starting point above that for count 3 alone to reflect total criminality, treat the applicant as having a leading role, and the sentence imposed was justified and not manifestly excessive.

Parties
Prosecutor: Rex; Applicant: Daniel John McLoughlin
Jurisdiction
England and Wales
Judgment Date
13 January 2025
Procedural Posture
Criminal Appeal / Application for Extension of Time and 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
Criminal Law Drug Offences Sentencing Conspiracy Appeals

Case Brief

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Parties

Rex

Prosecutor

Daniel John McLoughlin

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the judge erred in categorising the offences under Category 1 of sentencing guidelines
  2. 2 Whether the judge was wrong to distinguish between the roles of the applicant and co-accused
  3. 3 Whether the starting point for sentencing was commensurate with the seriousness of the offending

Ratio Decidendi

The judge was entitled to adopt a starting point above that for count 3 alone to reflect total criminality, treat the applicant as having a leading role, and the sentence imposed was justified and not manifestly excessive.

Court Disposition

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