Celmins, R v

Celmins, R v

The sentence imposed was not manifestly excessive given the circumstances, including the appellant's criminal history, the nature of the offence, and the judge's assessment of the facts. The force used was not reasonably justified as self-defence, and the judge was well-placed to determine the appropriate sentence.

Source-derived case information.

Parties
Appellant: Edward Celmins; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Manslaughter, Sentencing, Self Defence, Provocation
Criminal Law Manslaughter Sentencing Self Defence Provocation

Source-derived case record

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 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Edward Celmins

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of four years' imprisonment for manslaughter was manifestly excessive
  2. 2 Whether the appellant's actions constituted reasonable self-defence

Ratio Decidendi

The sentence imposed was not manifestly excessive given the circumstances, including the appellant's criminal history, the nature of the offence, and the judge's assessment of the facts. The force used was not reasonably justified as self-defence, and the judge was well-placed to determine the appropriate sentence.

Court Disposition

appeal dismissed

Orders

  • The sentence of four years' imprisonment is upheld.
  • 147 days spent on remand to count towards the sentence under section 240 of the Criminal Justice Act 2003.