R v EE

R v EE

The trial judge correctly withdrew the partial defence of loss of control from the jury due to insufficient evidence. The minimum term of 25 years was manifestly excessive given the mitigation and aggravating features; a term of 21 years was substituted.

Parties
Appellant: EE; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Conviction and Appeal Against Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Murder, Loss of Control Defence, Sentencing, Domestic Violence
Criminal Law Murder Loss of Control Defence Sentencing Domestic Violence

Case Brief

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Parties

EE

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Conviction and Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in law by not leaving the partial defence of loss of control to the jury
  2. 2 Whether the minimum term of 25 years for life imprisonment was manifestly excessive

Ratio Decidendi

The trial judge correctly withdrew the partial defence of loss of control from the jury due to insufficient evidence. The minimum term of 25 years was manifestly excessive given the mitigation and aggravating features; a term of 21 years was substituted.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Sentence of 25 years quashed
  • Minimum term of 21 years substituted, less 506 days spent on remand