McDonnell, R v

The sentence of 9 months' imprisonment was excessive given the absence of aggravating factors and the appellant's personal circumstances; a sentence of 6 months is proportionate.

Parties: Respondent: Regina; Appellant: Michael William McDonnell
Jurisdiction: England and Wales
Judgment Date: 21 December 2009
Procedural Posture: Criminal Appeal / Judgment on Sentence Appeal
Outcome: appeal allowed in part
Legal Topics: Possession of Prohibited Weapon, Sentencing, Appeal Against Sentence

Criminal Law Possession of Prohibited Weapon Sentencing Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2

Parties

Regina

Respondent

Michael William McDonnell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1 Whether the 9-month sentence for possession of a prohibited weapon (CS canister) was appropriate given the factual circumstances

Ratio Decidendi

The sentence of 9 months' imprisonment was excessive given the absence of aggravating factors and the appellant's personal circumstances; a sentence of 6 months is proportionate.

Court Disposition

appeal allowed in part

Orders

Sentence reduced from 9 months' imprisonment to 6 months' imprisonment