MR, R. v [2019] EWCA Crim 1572 (18 September 2019)
Given the seriousness, premeditation, and public danger of the offences, and the applicant's involvement in gang activity, the judge was justified in imposing a long determinate sentence; appropriate credit was given for age and lack of previous convictions, and the totality principle was not breached.
- Citation
- [2019] EWCA Crim 1572
- Parties
- Prosecution: Regina; Applicant/defendant: MR
- Jurisdiction
- England and Wales
- Judgment Date
- 18 September 2019
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
- Outcome
- application for leave to appeal against sentence refused
- Legal Topics
- Sentencing, Totality Principle, Personal Mitigation, Youth Offenders, Dangerousness
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
MR
Applicant/defendant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence was manifestly excessive due to insufficient weight given to personal mitigation
- 2 Whether the totality principle was properly applied, particularly regarding consecutive sentences for imitation firearm offences
Ratio Decidendi
Given the seriousness, premeditation, and public danger of the offences, and the applicant's involvement in gang activity, the judge was justified in imposing a long determinate sentence; appropriate credit was given for age and lack of previous convictions, and the totality principle was not breached.
Court Disposition
application for leave to appeal against sentence refused
Orders
- Renewed application for leave to appeal against sentence is refused.
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