King v Michael McGinley
The Court of Appeal provides new sentencing guidance on how judges should address sentence reduction for culpable delay at paragraphs [67] – [77].
Renewed application for leave to appeal a sentence of 40 months – affray – both parties received significant injuries – court held sentencing judge should have distinguished the appellant’s sentence from his co-accused due to his lack of relevant criminal record - material supporting that the appellant had been a victim of a prior attack in the toilets which led to the incident captured on CCTV - sentencing judge approached this evidence incorrectly – significant delay - sentence manifestly excessive – leave granted – appeal allowed – 30 month sentence substituted.