Cahill, R. v [2024] EWCA Crim 756 (21 June 2024)

Cahill, R. v [2024] EWCA Crim 756 (21 June 2024)

The sentence imposed was not manifestly excessive. The starting point for the lead offence was justified given the borderline leading/significant role. The uplift for supervision/exploitation of the complainant was proper and not double counting. The discount for mitigation and totality was fair. Totality was properly reflected in the leading count, and the overall sentence was proportionate to the offending behaviour.

Citation
[2024] EWCA Crim 756
Parties
Prosecution: Rex; Applicant: Ryan Cahill
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal dismissed
Legal Topics
Sentencing, Totality Principle, Production of Controlled Drugs, Burglary, Assault, Attempted Theft, Damaging Property
Criminal Law Sentencing Totality Principle Production of Controlled Drugs Burglary Assault Attempted Theft Damaging Property

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Parties

Rex

Prosecution

Ryan Cahill

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the principle of totality was properly applied
  3. 3 Whether double counting occurred regarding conduct towards the complainant

Ratio Decidendi

The sentence imposed was not manifestly excessive. The starting point for the lead offence was justified given the borderline leading/significant role. The uplift for supervision/exploitation of the complainant was proper and not double counting. The discount for mitigation and totality was fair. Totality was properly reflected in the leading count, and the overall sentence was proportionate to the offending behaviour.

Court Disposition

renewed application for leave to appeal dismissed

Orders

  • Renewed application for leave to appeal against sentence is dismissed