Rogers, R v

Rogers, R v

The sentencing judge correctly applied the statutory starting point for racially aggravated murder and properly considered all relevant mitigating factors. The comparison to R v Murphy was not appropriate due to factual differences. No sufficient reason was provided for the delay in applying for leave to appeal.

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
Criminal Law Murder Racial Aggravation Sentencing Extension of Time

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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 racially aggravated murder
  2. 2 Whether proper regard was given to mitigating factors and precedent
  3. 3 Whether sufficient reason was provided for the delay in applying for leave to appeal

Ratio Decidendi

The sentencing judge correctly applied the statutory starting point for racially aggravated murder and properly considered all relevant mitigating factors. The comparison to R v Murphy was not appropriate due to factual differences. No sufficient reason was provided for the delay in applying for leave to appeal.

Court Disposition

application refused

Orders

  • Application for permission to appeal sentence refused.
  • Application for extension of time refused.