McGinty, R v

McGinty, R v

The judge was entitled to assess the applicant as dangerous and impose an extended sentence based on the evidence and aggravating features; neither the custodial term nor the licence period was manifestly excessive.

Parties
Prosecution: Regina; Applicant: Mark McGinty
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal against sentence refused
Legal Topics
Sentencing, Dangerousness Assessment, Grievous Bodily Harm, Extended Sentence
Criminal Law Sentencing Dangerousness Assessment Grievous Bodily Harm Extended Sentence

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Parties

Regina

Prosecution

Mark McGinty

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge erred in finding the applicant dangerous
  2. 2 Whether the starting point under sentencing guidelines was too high
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The judge was entitled to assess the applicant as dangerous and impose an extended sentence based on the evidence and aggravating features; neither the custodial term nor the licence period was manifestly excessive.

Court Disposition

renewed application for leave to appeal against sentence refused