R v Mark Donoghue
The sentencing judge erred in finding the appellant dangerous without sufficient justification for departing from the pre-sentence report's assessment of risk. The custodial term of nine years was manifestly excessive given the aggravating and mitigating factors, including the appellant's good character and lack of previous convictions. The appropriate sentence is seven years' imprisonment without an extended licence period.
- Parties
- Prosecutor: Rex; Appellant: Mark Donoghue
- Jurisdiction
- England and Wales
- Judgment Date
- 17 February 2023
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Sexual Offences, Sentencing, Appeal Against Sentence, Dangerousness Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Mark Donoghue
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in finding the appellant dangerous within the meaning of the Sentencing Act 2020
- 2 Whether the custodial term imposed was manifestly excessive
Ratio Decidendi
The sentencing judge erred in finding the appellant dangerous without sufficient justification for departing from the pre-sentence report's assessment of risk. The custodial term of nine years was manifestly excessive given the aggravating and mitigating factors, including the appellant's good character and lack of previous convictions. The appropriate sentence is seven years' imprisonment without an extended licence period.
Court Disposition
appeal allowed in part
Orders
- Finding of dangerousness quashed
- Extended sentence of 12 years quashed
Full Case Text
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