Brehmer v R [2021] EWCA Crim 390 (19 March 2021)

Brehmer v R [2021] EWCA Crim 390 (19 March 2021)

The sentence imposed was unduly lenient because insufficient weight was given to aggravating factors, particularly the extent and duration of the attack and the offender's conduct after the offence. The appropriate sentence before discount should have been 15 years' imprisonment, with a maximum 10% reduction for the guilty plea, resulting in a sentence of 13½ years' imprisonment.

Citation
[2021] EWCA Crim 390
Parties
Applicant/respondent: Timothy Keith Brehmer; Applicant/respondent: Regina (Attorney General's Reference under Section 36 of the Criminal Justice Act 1988)
Jurisdiction
England and Wales
Judgment Date
19 March 2021
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference for Unduly Lenient Sentence
Outcome
Sentence increased on Attorney General's Reference; application for leave to appeal against sentence dismissed.
Legal Topics
Manslaughter, Loss of Control, Sentencing, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Manslaughter Loss of Control Sentencing Unduly Lenient Sentence Attorney General's Reference

Case Brief

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Parties

Timothy Keith Brehmer

Applicant/respondent

Regina (Attorney General's Reference under Section 36 of the Criminal Justice Act 1988)

Applicant/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentence for manslaughter by reason of loss of control was unduly lenient
  2. 2 Whether the sentencing judge erred in balancing aggravating and mitigating factors
  3. 3 Whether the discount for guilty plea was appropriate

Ratio Decidendi

The sentence imposed was unduly lenient because insufficient weight was given to aggravating factors, particularly the extent and duration of the attack and the offender's conduct after the offence. The appropriate sentence before discount should have been 15 years' imprisonment, with a maximum 10% reduction for the guilty plea, resulting in a sentence of 13½ years' imprisonment.

Court Disposition

Sentence increased on Attorney General's Reference; application for leave to appeal against sentence dismissed.

Orders

  • Leave granted to Attorney General to make reference.
  • Original sentence of 10½ years' imprisonment quashed.