Pateco-Te, R v

Pateco-Te, R v

It was not necessary or in the interests of justice to leave manslaughter as an alternative verdict because the evidence did not obviously raise it; the proper alternative was violent disorder. The sentence was not manifestly excessive given the aggravating features and the evidence of intent.

Parties
Prosecution: Regina; Applicant: Bruno Pateco-Te
Jurisdiction
England and Wales
Judgment Date
07 February 2020
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence After Refusal by Single Judge
Outcome
Applications for leave to appeal against conviction and sentence refused
Legal Topics
Murder, Violent Disorder, Joint Enterprise, Alternative Verdicts, Sentencing
Criminal Law Murder Violent Disorder Joint Enterprise Alternative Verdicts Sentencing

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Parties

Regina

Prosecution

Bruno Pateco-Te

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence After Refusal by Single Judge

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave manslaughter as an alternative verdict to murder
  2. 2 Whether the sentence of life imprisonment with a minimum term of 27 years was manifestly excessive

Ratio Decidendi

It was not necessary or in the interests of justice to leave manslaughter as an alternative verdict because the evidence did not obviously raise it; the proper alternative was violent disorder. The sentence was not manifestly excessive given the aggravating features and the evidence of intent.

Court Disposition

Applications for leave to appeal against conviction and sentence refused