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
Legal Issues
- 1 Whether discretionary life sentences were appropriate for conspiracy to murder
- 2 Whether minimum terms imposed were excessive
- 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
Full Case Text
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