McNee & Ors, R. v

McNee & Ors, R. v

The gravity of the offence, the appellants' direct involvement, and the continuing risk they pose justified discretionary life sentences and the minimum terms imposed; the judge was entitled to apply murder sentencing principles to conspiracy to murder where the objective was achieved.

Parties
Appellant: Michael McNee; Appellant: John Paul Russell; Applicant: Colin Gunn; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Conspiracy to Murder, Sentencing, Discretionary Life Imprisonment, Minimum Term Determination

Case Brief

Summary, issues, holding and outcome

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Parties

Michael McNee

Appellant

John Paul Russell

Appellant

Colin Gunn

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

  1. 1 Whether discretionary life sentences were appropriate for conspiracy to murder
  2. 2 Whether minimum terms imposed were excessive
  3. 3 Whether sentencing principles for murder should apply to conspiracy to murder

Ratio Decidendi

The gravity of the offence, the appellants' direct involvement, and the continuing risk they pose justified discretionary life sentences and the minimum terms imposed; the judge was entitled to apply murder sentencing principles to conspiracy to murder where the objective was achieved.

Court Disposition

appeal dismissed

Orders

  • Discretionary life sentences and minimum terms for each appellant affirmed