Gale, R. v

Gale, R. v

The judge was entitled to her factual findings and application of the sentencing guideline; the starting points and sentences were within her discretion except for a mathematical error in the sentence for preventing lawful burial, which was corrected on appeal.

Parties
Respondent: Regina; Appellant: Colin Gale
Jurisdiction
England and Wales
Judgment Date
01 February 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Manslaughter by Loss of Control, Preventing Lawful Burial, Sentencing Guidelines, Appeal Against Sentence, Totality Principle
Criminal Law Manslaughter by Loss of Control Preventing Lawful Burial Sentencing Guidelines Appeal Against Sentence Totality Principle

Case Brief

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Parties

Regina

Respondent

Colin Gale

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point for manslaughter sentence was too high
  2. 2 Whether the sentence for preventing lawful burial was excessive
  3. 3 Whether the judge failed to properly apply mitigating factors

Ratio Decidendi

The judge was entitled to her factual findings and application of the sentencing guideline; the starting points and sentences were within her discretion except for a mathematical error in the sentence for preventing lawful burial, which was corrected on appeal.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of three years and eight months for preventing lawful burial quashed and substituted with three years and four months, consecutive to manslaughter sentence.
  • Total sentence reduced to 15 years and four months' imprisonment.