Rejmanski, R v

Rejmanski, R v

Mental disorders such as PTSD or EUPD are excluded from consideration under s.54(1)(c) CAJA 2009 for the loss of control defence if their only relevance is to the defendant's general capacity for tolerance or self-restraint. The trial judges' directions were correct in law. The sentences imposed were not manifestly excessive given the facts and mitigating factors considered.

Parties
Respondent: R; Appellant: Bartosz Rejmanski; Appellant: Charice Gassman; Appellant: Amberstasia Gassman
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed; appeal against sentence for Charice Gassman dismissed; leave to appeal sentence for Charice Gassman granted but dismissed; leave to appeal sentence for Amberstasia Gassman refused.
Legal Topics
Loss of Control Defence, Diminished Responsibility, Mental Disorder Relevance, Sentencing, Murder, Manslaughter
Criminal Law Loss of Control Defence Diminished Responsibility Mental Disorder Relevance Sentencing Murder Manslaughter

Case Brief

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Parties

R

Respondent

Bartosz Rejmanski

Appellant

Charice Gassman

Appellant

Amberstasia Gassman

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether mental disorder can be considered as part of 'the circumstances of the defendant' under s.54(1)(c) Coroners and Justice Act 2009 for the partial defence of loss of control
  2. 2 Whether the trial judges' directions on the relevance of mental disorder to the loss of control defence were correct in law
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

Mental disorders such as PTSD or EUPD are excluded from consideration under s.54(1)(c) CAJA 2009 for the loss of control defence if their only relevance is to the defendant's general capacity for tolerance or self-restraint. The trial judges' directions were correct in law. The sentences imposed were not manifestly excessive given the facts and mitigating factors considered.

Court Disposition

Appeals against conviction dismissed; appeal against sentence for Charice Gassman dismissed; leave to appeal sentence for Charice Gassman granted but dismissed; leave to appeal sentence for Amberstasia Gassman refused.

Orders

  • Appeal against conviction by Bartosz Rejmanski dismissed.
  • Leave to appeal conviction by Charice Gassman refused.