Broady, R. v

Broady, R. v

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

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, Use of Offensive Weapons
Criminal Law Manslaughter Sentencing Self Defence Use of Offensive Weapons

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 or excessive force

Ratio Decidendi

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

Court Disposition

application dismissed

Orders

  • renewed application for leave to appeal against sentence is dismissed