McDonagh, R. v [2023] EWCA Crim 1083 (27 July 2023)

McDonagh, R. v [2023] EWCA Crim 1083 (27 July 2023)

The sentencing judge failed to reflect the mitigating factor of the appellant's ADHD, a recognised mental disorder, in the minimum term. Considering all aggravating and mitigating factors, a minimum term of 24 years (less days spent on remand) is appropriate; the original 26-year minimum was manifestly excessive.

Citation
[2023] EWCA Crim 1083
Parties
Appellant: Patrick McDonagh; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
27 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Murder, Sentencing, Mental Disorder, Minimum Term, Mitigating Factors, Aggravating Factors, Fresh Evidence
Criminal Law Murder Sentencing Mental Disorder Minimum Term Mitigating Factors Aggravating Factors Fresh Evidence

Case Brief

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Parties

Patrick McDonagh

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 26 years was manifestly excessive for murder
  2. 2 Whether the sentencing judge erred in finding premeditation and absence of self-defence
  3. 3 Whether fresh psychiatric evidence should be admitted

Ratio Decidendi

The sentencing judge failed to reflect the mitigating factor of the appellant's ADHD, a recognised mental disorder, in the minimum term. Considering all aggravating and mitigating factors, a minimum term of 24 years (less days spent on remand) is appropriate; the original 26-year minimum was manifestly excessive.

Court Disposition

appeal allowed in part

Orders

  • Sentence of life imprisonment with a minimum term of 24 years less days spent on remand substituted for original sentence.
  • Other sentences remain unchanged.