R v Michael James Patrick Derrane

R v Michael James Patrick Derrane

The sentence of 19 years and 2 months’ imprisonment was justified, taking into account the applicant's active participation, scale of offending, personal mitigation, and time spent in custody; it was not manifestly excessive or wrong in principle.

Parties
Applicant: Michael James Patrick Derrane; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Sentencing, Firearms Offences, Drug Offences, Conspiracy, Totality Principle, Mitigation
Criminal Law Sentencing Firearms Offences Drug Offences Conspiracy Totality Principle Mitigation

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Parties

Michael James Patrick Derrane

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether sufficient account was taken of totality and personal mitigation
  3. 3 Whether the applicant's use of EncroChat phone was correctly assessed

Ratio Decidendi

The sentence of 19 years and 2 months’ imprisonment was justified, taking into account the applicant's active participation, scale of offending, personal mitigation, and time spent in custody; it was not manifestly excessive or wrong in principle.

Court Disposition

application for leave to appeal against sentence refused

Orders

  • application refused