Scott & Anor, R. v [2024] EWCA Crim 1723 (17 October 2024)

Scott & Anor, R. v [2024] EWCA Crim 1723 (17 October 2024)

The sentencing judge correctly applied the relevant guidelines and principles, made findings of fact within her discretion, and imposed sentences that were neither manifestly excessive nor wrong in principle. The applications for leave to appeal against sentence disclosed no arguable grounds.

Citation
[2024] EWCA Crim 1723
Parties
Prosecution: Rex; Applicant: Oliver Scott; Applicant: Stasious Scott
Jurisdiction
England and Wales
Judgment Date
17 October 2024
Procedural Posture
Criminal Appeal / Renewed Applications for Leave to Appeal Against Sentence
Outcome
Applications for extension of time and for leave to appeal against sentence refused.
Legal Topics
Sentencing, Manslaughter, Conspiracy to Pervert the Course of Justice, Appeal Procedure
Criminal Law Sentencing Manslaughter Conspiracy to Pervert the Course of Justice Appeal Procedure

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Parties

Rex

Prosecution

Oliver Scott

Applicant

Stasious Scott

Applicant

Procedural Posture

Criminal Appeal / Renewed Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge misapplied the sentencing guidelines for manslaughter in the case of Stasious Scott
  2. 2 Whether the sentence for conspiracy to pervert the course of justice was manifestly excessive or wrong in principle for both applicants
  3. 3 Whether the principle of totality was properly applied in sentencing Stasious Scott

Ratio Decidendi

The sentencing judge correctly applied the relevant guidelines and principles, made findings of fact within her discretion, and imposed sentences that were neither manifestly excessive nor wrong in principle. The applications for leave to appeal against sentence disclosed no arguable grounds.

Court Disposition

Applications for extension of time and for leave to appeal against sentence refused.

Orders

  • Refusal of extension of time for Stasious Scott to renew application for leave to appeal against sentence.
  • Refusal of renewed application for leave to appeal against sentence for both Stasious Scott and Oliver Scott.