R v Rupert Earl-Ocran
[2024] EWCA Crim 1031
R v Luke Matthews
13 February 2024
[2024] EWCA Crim 151
Court of Appeal
A man was given a long prison sentence for threatening someone with a shotgun. He tried to appeal, arguing the judge got it wrong. The appeal court disagreed, saying the judge had good reasons for the long sentence based on the man's past crimes and the serious nature of the threat.
Key Facts
- •Luke Matthews (applicant) was sentenced to an extended determinate sentence of nine years and two months for possessing a firearm with intent to cause fear of violence.
- •The offence involved Matthews orchestrating the discharge of a sawn-off shotgun at a property.
- •Matthews was found to be dangerous under section 279 of the Sentencing Act 2020.
- •Matthews had a history of drug dealing and previous convictions for violence.
- •A pre-sentence report assessed Matthews as posing a high risk of serious harm to the public.
Legal Principles
Determining dangerousness under section 279 of the Sentencing Act 2020.
Sentencing Act 2020
The trial judge's assessment of facts and risk is given significant weight.
R v Bourke [2017] EWCA Crim 2150
Imposition of an extended sentence is not automatic upon a finding of dangerousness.
R v Bourke [2017] EWCA Crim 2150
Firearms Act 1968, Section 16A: Possessing a firearm with intent to cause fear of violence.
Firearms Act 1968
Outcomes
Leave to appeal against sentence refused.
The judge's assessment of dangerousness was considered sound and based on sufficient evidence. The sentence was not manifestly excessive.
Application for extension of time to renew appeal refused.
Lack of merit in the appeal.