Goss, R. v [2023] EWCA Crim 541 (03 May 2023)

Goss, R. v [2023] EWCA Crim 541 (03 May 2023)

The sentencing judge was entitled to assess the applicant as the ringleader and not immature, and to impose a minimum term of 29 years after considering all aggravating and mitigating factors; disparity with co-defendants did not render the sentence manifestly excessive or wrong in principle.

Citation
[2023] EWCA Crim 541
Parties
Prosecution: Rex; Applicant: Syd Goss
Jurisdiction
England and Wales
Judgment Date
03 May 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Sentence
Outcome
application for leave to appeal sentence refused
Legal Topics
Murder, Sentencing, Joint Enterprise, Disparity in Sentencing, Minimum Term
Criminal Law Murder Sentencing Joint Enterprise Disparity in Sentencing Minimum Term

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Parties

Rex

Prosecution

Syd Goss

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the minimum term of 29 years imposed on the applicant for murder was manifestly excessive
  2. 2 Whether the sentencing judge erred in assessing the applicant's culpability as equivalent to that of a co-defendant and greater than another
  3. 3 Whether disparity in sentencing between co-defendants justified appellate interference

Ratio Decidendi

The sentencing judge was entitled to assess the applicant as the ringleader and not immature, and to impose a minimum term of 29 years after considering all aggravating and mitigating factors; disparity with co-defendants did not render the sentence manifestly excessive or wrong in principle.

Court Disposition

application for leave to appeal sentence refused