Xavier, R v [2019] EWCA Crim 1133 (06 June 2019)

Xavier, R v [2019] EWCA Crim 1133 (06 June 2019)

The sentence was justified given the applicant's high culpability, premeditated violence, use of weapons, vulnerable victims, and extensive criminal record. The judge correctly applied the categorisation and totality principle. The application for leave to appeal lacked merit.

Source-derived case information.

Citation
[2019] EWCA Crim 1133
Parties
Prosecution: Regina; Applicant: Matthew Mark Xavier
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application refused
Legal Topics
Sentencing, Grievous Bodily Harm, Perverting the Course of Justice, Totality Principle
Criminal Law Sentencing Grievous Bodily Harm Perverting the Course of Justice Totality Principle

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Matthew Mark Xavier

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the section 18 offence as category 2
  2. 2 Whether the sentencing judge failed to apply the principle of totality
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentence was justified given the applicant's high culpability, premeditated violence, use of weapons, vulnerable victims, and extensive criminal record. The judge correctly applied the categorisation and totality principle. The application for leave to appeal lacked merit.

Court Disposition

application refused

Orders

  • 28 day loss of time order imposed