McSweeney, R. v [2023] EWCA Crim 1250 (03 November 2023)
The minimum term of 38 years after credit for guilty plea was manifestly excessive because the uplift from the statutory starting point of 30 years was too great, given the aggravating and mitigating factors properly found. The correct minimum term, after maximum credit for guilty plea, is 33 years.
- Citation
- [2023] EWCA Crim 1250
- Parties
- Appellant: Jordan McSweeney; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 03 November 2023
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Murder, Sexual Assault, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors, Guilty Plea Credit
Case Brief
Summary, issues, holding and outcome
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Parties
Jordan McSweeney
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the minimum term of 38 years (after credit for guilty plea) for murder was manifestly excessive
- 2 Whether the sentencing judge erred in assessing aggravating and mitigating factors
- 3 Whether the correct credit for guilty plea was applied
Ratio Decidendi
The minimum term of 38 years after credit for guilty plea was manifestly excessive because the uplift from the statutory starting point of 30 years was too great, given the aggravating and mitigating factors properly found. The correct minimum term, after maximum credit for guilty plea, is 33 years.
Court Disposition
appeal allowed
Orders
- Minimum term of 38 years for murder quashed and substituted with 33 years.
- Victim surcharge increased from £187 to £228.
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