May, R v

May, R v

The sentence of six months' imprisonment was not manifestly excessive or wrong in principle given the seriousness of the offence and the potential catastrophic consequences, and the judge had adequately considered the applicant's disabilities.

Parties
Prosecution: Regina; Applicant: Michael May
Jurisdiction
England and Wales
Judgment Date
18 September 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
leave to appeal refused
Legal Topics
Endangering Aircraft, Recklessness, Sentencing, Mitigation
Criminal Law Aviation Law Endangering Aircraft Recklessness Sentencing Mitigation

Case Brief

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Parties

Regina

Prosecution

Michael May

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment for recklessly endangering an aircraft was manifestly excessive or wrong in principle
  2. 2 Whether the applicant's disabilities warranted suspension of the custodial sentence

Ratio Decidendi

The sentence of six months' imprisonment was not manifestly excessive or wrong in principle given the seriousness of the offence and the potential catastrophic consequences, and the judge had adequately considered the applicant's disabilities.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal against sentence is refused.