Carney, R. v [2022] EWCA Crim 1819 (09 November 2022)

Carney, R. v [2022] EWCA Crim 1819 (09 November 2022)

The sentencing judge's approach was correct and justified; the life sentence and minimum term reflected the seriousness, dangerousness, and aggravating factors. The sentence was not unduly lenient nor manifestly excessive, and alternative sentences would not provide sufficient public protection.

Citation
[2022] EWCA Crim 1819
Parties
Prosecutor: Rex; Applicant/offender: Joshua Carney
Jurisdiction
England and Wales
Judgment Date
09 November 2022
Procedural Posture
Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988 and Application for Leave to Appeal Sentence
Outcome
leave to refer refused; leave to appeal refused; sentences remain as before
Legal Topics
Sentencing, Rape, Dangerous Offenders, Life Imprisonment, Minimum Term, Unduly Lenient Sentence, Extended Sentence
Criminal Law Sentencing Rape Dangerous Offenders Life Imprisonment Minimum Term Unduly Lenient Sentence Extended Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rex

Prosecutor

Joshua Carney

Applicant/offender

Procedural Posture

Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988 and Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the life sentence with a 10-year minimum term was unduly lenient
  2. 2 Whether a life sentence was justified or a determinate/extended sentence would suffice
  3. 3 Whether the minimum term was appropriate given the seriousness and aggravating factors

Ratio Decidendi

The sentencing judge's approach was correct and justified; the life sentence and minimum term reflected the seriousness, dangerousness, and aggravating factors. The sentence was not unduly lenient nor manifestly excessive, and alternative sentences would not provide sufficient public protection.

Court Disposition

leave to refer refused; leave to appeal refused; sentences remain as before