R v Michael Henry McDonnell & Anor

R v Michael Henry McDonnell & Anor

The sentencing judge correctly applied the totality principle, made substantial downward adjustments for consecutive sentences, and did not double count aggravating factors. The total sentences imposed were not manifestly excessive and were justified given the seriousness of the offences, including the exploitation of a child and large-scale drug supply.

Parties
Prosecutor: Rex; Appellant: Michael Henry McDonnell; Appellant: Rhys Mervyn Henry Johnson
Jurisdiction
England and Wales
Judgment Date
20 August 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Human Trafficking, Drug Offences, Totality Principle, County Lines, Exploitation of Children

Case Brief

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Parties

Rex

Prosecutor

Michael Henry McDonnell

Appellant

Rhys Mervyn Henry Johnson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the total sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge erred in applying the totality principle
  3. 3 Whether there was double counting of aggravating factors

Ratio Decidendi

The sentencing judge correctly applied the totality principle, made substantial downward adjustments for consecutive sentences, and did not double count aggravating factors. The total sentences imposed were not manifestly excessive and were justified given the seriousness of the offences, including the exploitation of a child and large-scale drug supply.

Court Disposition

appeal dismissed

Orders

  • Appeals against sentence dismissed
  • Record in relation to count 7 amended to six years' imprisonment