Kurtev, R. v [2025] EWCA Crim 149 (07 February 2025)
The original sentence was unduly lenient because the offence was at the upper end of medium culpability, the reduction for plea was excessive given the timing, and the appropriate sentence after mitigation and reduction for plea should have been six years' imprisonment.
- Citation
- [2025] EWCA Crim 149
- Parties
- Prosecution: Rex; Offender: Rashko Kurtev
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2025
- Procedural Posture
- Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
- Outcome
- Appeal allowed; sentence increased
- Legal Topics
- Unlawful Act Manslaughter, Sentencing, Reduction for Plea, Culpability Assessment, Attorney General's Reference, Unduly Lenient Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Rashko Kurtev
Offender
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Whether the original sentence for unlawful act manslaughter was unduly lenient
- 2 Proper categorisation of culpability under Sentencing Council guidelines
- 3 Appropriate reduction for guilty plea
Ratio Decidendi
The original sentence was unduly lenient because the offence was at the upper end of medium culpability, the reduction for plea was excessive given the timing, and the appropriate sentence after mitigation and reduction for plea should have been six years' imprisonment.
Court Disposition
Appeal allowed; sentence increased
Orders
- Sentence of three years nine months' imprisonment quashed
- Substituted sentence of six years' imprisonment imposed
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