R v Luke Matthews

R v Luke Matthews

The trial judge was entitled to find the applicant dangerous based on his leading role, prior offending, being on licence, and the pre-sentence report. The extended sentence was justified and not manifestly excessive given the seriousness of the offence and the applicant's risk to the public.

Parties
Prosecution: Rex; Applicant: Luke Matthews
Jurisdiction
England and Wales
Judgment Date
03 December 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal refused
Legal Topics
Sentencing, Dangerousness, Extended Determinate Sentence, Firearms Offences
Criminal Law Sentencing Dangerousness Extended Determinate Sentence Firearms Offences

Case Brief

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Parties

Rex

Prosecution

Luke Matthews

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in finding the applicant dangerous within the meaning of section 279 of the Sentencing Act 2020
  2. 2 Whether the imposition of an extended determinate sentence was manifestly excessive

Ratio Decidendi

The trial judge was entitled to find the applicant dangerous based on his leading role, prior offending, being on licence, and the pre-sentence report. The extended sentence was justified and not manifestly excessive given the seriousness of the offence and the applicant's risk to the public.

Court Disposition

application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Leave for representation refused