Pateco-Te, R v [2020] EWCA Crim 196 (7 February 2020)

Pateco-Te, R v [2020] EWCA Crim 196 (7 February 2020)

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 central issue was presence and intent, and the evidence supported the jury's finding of intent to cause at least really serious harm. The sentence was not manifestly excessive given the aggravating features and evidence of intent.

Citation
[2020] EWCA Crim 196
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
Outcome
applications for leave to appeal against conviction and sentence refused
Legal Topics
Murder, Violent Disorder, Joint Enterprise, Alternative Verdicts, Manslaughter, Sentencing
Criminal Law Murder Violent Disorder Joint Enterprise Alternative Verdicts Manslaughter 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

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 central issue was presence and intent, and the evidence supported the jury's finding of intent to cause at least really serious harm. The sentence was not manifestly excessive given the aggravating features and evidence of intent.

Court Disposition

applications for leave to appeal against conviction and sentence refused