R v Marlon Winston Golding

R v Marlon Winston Golding

The sentencing judge was entitled to find category A culpability and category 2 harm based on the facts, including the type and number of weapons, compatible ammunition, antecedent history, and the alarm caused to the public. The overall sentence was just and proportionate, and the structure of concurrent and consecutive sentences was in accordance with the totality principle. There was no arguable ground that the sentence was manifestly excessive or wrong in principle.

Parties
Prosecutor: Rex; Applicant: Marlon Winston Golding
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Firearms Offences, Sentencing, Appeals, Totality Principle
Criminal Law Firearms Offences Sentencing Appeals Totality Principle

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Parties

Rex

Prosecutor

Marlon Winston Golding

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising culpability and harm for firearms offences
  2. 2 Whether the sentences imposed were manifestly excessive
  3. 3 Whether consecutive sentences were appropriate for the offences arising from the same incident

Ratio Decidendi

The sentencing judge was entitled to find category A culpability and category 2 harm based on the facts, including the type and number of weapons, compatible ammunition, antecedent history, and the alarm caused to the public. The overall sentence was just and proportionate, and the structure of concurrent and consecutive sentences was in accordance with the totality principle. There was no arguable ground that the sentence was manifestly excessive or wrong in principle.

Court Disposition

application refused

Orders

  • Application for extension of time to renew application for leave to appeal against sentence is refused.