Broady, R. v [2009] EWCA Crim 1812 (19 May 2009)

Broady, R. v [2009] EWCA Crim 1812 (19 May 2009)

The sentence of 7 years' imprisonment for involuntary manslaughter was not manifestly excessive given the deliberate carrying and use of an open knife, the rejection of self-defence, and the seriousness of knife crime, even after allowance for the applicant's age and good character.

Citation
[2009] EWCA Crim 1812
Parties
Prosecution: Regina; Applicant: David Broady
Jurisdiction
England and Wales
Judgment Date
19 May 2009
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
application dismissed
Legal Topics
Manslaughter, Sentencing, Self Defence, Knife Crime
Criminal Law Manslaughter Sentencing Self Defence Knife Crime

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Parties

Regina

Prosecution

David Broady

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 7 years' imprisonment for involuntary manslaughter was manifestly excessive given the applicant's age and circumstances
  2. 2 Whether the applicant's act constituted self-defence

Ratio Decidendi

The sentence of 7 years' imprisonment for involuntary manslaughter was not manifestly excessive given the deliberate carrying and use of an open knife, the rejection of self-defence, and the seriousness of knife crime, even after allowance for the applicant's age and good character.

Court Disposition

application dismissed

Orders

  • Leave to appeal against sentence refused