Morgan Trowland & Anor v R

Morgan Trowland & Anor v R

Given the high culpability, extensive planning, scale of disruption, previous convictions, and the need for deterrence, the sentences imposed were not manifestly excessive or disproportionate. The judge made no material error of principle and properly balanced the appellants' rights with the public interest.

Parties
Appellant: Morgan Trowland; Appellant: Marcus Decker; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Public Nuisance, Sentencing, Protest Rights, Freedom of Expression, Freedom of Assembly, Deterrence, Proportionality
Criminal Law Human Rights Law Public Nuisance Sentencing Protest Rights Freedom of Expression Freedom of Assembly Deterrence +1 more

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Parties

Morgan Trowland

Appellant

Marcus Decker

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for public nuisance were manifestly excessive and/or a disproportionate interference with the appellants' rights under Articles 10 and 11 ECHR
  2. 2 Whether the sentencing judge erred in principle in his approach to culpability, mitigation, previous convictions, and deterrence

Ratio Decidendi

Given the high culpability, extensive planning, scale of disruption, previous convictions, and the need for deterrence, the sentences imposed were not manifestly excessive or disproportionate. The judge made no material error of principle and properly balanced the appellants' rights with the public interest.

Court Disposition

appeal dismissed

Orders

  • Sentences of three years' imprisonment for Morgan Trowland and two years and seven months' imprisonment for Marcus Decker upheld