Xavier, R v

The sentencing judge correctly categorised the offence, considered aggravating factors, and applied the totality principle; the application for leave to appeal lacks merit.

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

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 8

Parties

Regina

Prosecution

Matthew Mark Xavier

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentencing judge erred in categorising the section 18 offence as category 2
2 Whether the sentencing judge failed to apply the principle of totality
3 Whether the application for leave to appeal had merit

Ratio Decidendi

The sentencing judge correctly categorised the offence, considered aggravating factors, and applied the totality principle; the application for leave to appeal lacks merit.

Court Disposition

application refused

Orders

28 day loss of time order imposed