Kolecki, R. v [2025] EWCA Crim 714 (21 May 2025)
The sentencing judge was entitled to find significant planning and premeditation, as well as severe physical suffering, as aggravating factors. The minimum term of 19 years was justified and not manifestly excessive given the seriousness of the offence and the applicant's role.
- Citation
- [2025] EWCA Crim 714
- Parties
- Prosecution: Rex; Applicant: Andrzej Kolecki
- Jurisdiction
- England and Wales
- Judgment Date
- 21 May 2025
- Procedural Posture
- Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
- Outcome
- renewed application for permission to appeal refused
- Legal Topics
- Murder, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors, Joint Enterprise
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Andrzej Kolecki
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in finding significant planning and premeditation as an aggravating factor
- 2 Whether the applicant's involvement justified the aggravating feature of physical suffering, specifically the use of boiling water
- 3 Whether the minimum term of 19 years was manifestly excessive
Ratio Decidendi
The sentencing judge was entitled to find significant planning and premeditation, as well as severe physical suffering, as aggravating factors. The minimum term of 19 years was justified and not manifestly excessive given the seriousness of the offence and the applicant's role.
Court Disposition
renewed application for permission to appeal refused
Full Case Text
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