Rogers, R v [2019] EWCA Crim 608 (8 March 2019)

Rogers, R v [2019] EWCA Crim 608 (8 March 2019)

The sentencing judge correctly applied the statutory starting point for racially aggravated murder, gave appropriate weight to mitigating factors, and the factual differences with R v Murphy justified a different outcome. The delay in applying for leave to appeal was not justified.

Citation
[2019] EWCA Crim 608
Parties
Prosecution: Regina; Applicant: Daniel Thomas Rogers
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Sentence
Outcome
application refused
Legal Topics
Murder, Racial Aggravation, Sentencing, Extension of Time, Mitigating Factors
Criminal Law Murder Racial Aggravation Sentencing Extension of Time Mitigating Factors

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Parties

Regina

Prosecution

Daniel Thomas Rogers

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in setting the minimum term for a racially aggravated murder.
  2. 2 Whether sufficient weight was given to mitigating factors.
  3. 3 Whether the delay in applying for leave to appeal was justified.

Ratio Decidendi

The sentencing judge correctly applied the statutory starting point for racially aggravated murder, gave appropriate weight to mitigating factors, and the factual differences with R v Murphy justified a different outcome. The delay in applying for leave to appeal was not justified.

Court Disposition

application refused

Orders

  • Application for extension of time refused.
  • Renewed application for leave to appeal sentence refused.