McGhee, R. v

The sentence imposed was excessive given the appellant's personal mitigation and the nature of the offence; a sentence of 27 months was appropriate after credit for guilty plea.

Parties: Prosecution: Regina; Appellant: Edward McGhee
Jurisdiction: England and Wales
Judgment Date: 15 January 2008
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Sentencing, Wounding, Offences Against the Person Act 1861

Criminal Law Sentencing Wounding Offences Against the Person Act 1861

Case Brief

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Parties

Regina

Prosecution

Edward McGhee

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence of 33 months' imprisonment for unlawful wounding was excessive given the facts and mitigation

Ratio Decidendi

The sentence imposed was excessive given the appellant's personal mitigation and the nature of the offence; a sentence of 27 months was appropriate after credit for guilty plea.

Court Disposition

appeal allowed

Orders

sentence of 33 months imprisonment quashed
substituted sentence of 27 months imprisonment