R v Harry Culleton

R v Harry Culleton

The sentence imposed was not manifestly excessive given the seriousness and aggravating factors; mitigation did not justify concurrent sentences. Proper credit for qualifying curfew and correct surcharge must be recorded.

Parties
Prosecution: Rex; Appellant: Harry Culleton
Jurisdiction
England and Wales
Judgment Date
10 February 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Drug Offences, Sentencing, Totality Principle, Possession of Offensive Weapon
Criminal Law Drug Offences Sentencing Totality Principle Possession of Offensive Weapon

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Parties

Rex

Prosecution

Harry Culleton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sentences should have been ordered to run concurrently rather than consecutively
  3. 3 Proper application of the totality principle

Ratio Decidendi

The sentence imposed was not manifestly excessive given the seriousness and aggravating factors; mitigation did not justify concurrent sentences. Proper credit for qualifying curfew and correct surcharge must be recorded.

Court Disposition

appeal dismissed

Orders

  • Appellant to receive credit for 174 days spent on qualifying curfew, subject to amendment if incorrect.
  • Surcharge to be recorded as £156 as stated by the judge.