Campeanu, R, v [2020] EWCA Crim 362 (16 January 2020)

Campeanu, R, v [2020] EWCA Crim 362 (16 January 2020)

There was no evidential basis for a Sheehan direction as the applicant did not claim lack of intent due to intoxication; the judge's directions were correct. The sentence was not manifestly excessive given the aggravating factors and the principle of totality was properly applied.

Citation
[2020] EWCA Crim 362
Parties
Prosecution: Regina; Applicant: Ioan Campeanu
Jurisdiction
England and Wales
Judgment Date
16 January 2020
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Outcome
renewed applications for leave to appeal against conviction and sentence dismissed
Legal Topics
Murder, Child Destruction, Intoxication, Self Defence, Sentencing, Aggravating and Mitigating Factors
Criminal Law Murder Child Destruction Intoxication Self Defence Sentencing Aggravating and Mitigating Factors

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Parties

Regina

Prosecution

Ioan Campeanu

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in refusing to give a Sheehan direction on intoxication and specific intent
  2. 2 Whether the sentence imposed was manifestly excessive or failed to properly account for totality

Ratio Decidendi

There was no evidential basis for a Sheehan direction as the applicant did not claim lack of intent due to intoxication; the judge's directions were correct. The sentence was not manifestly excessive given the aggravating factors and the principle of totality was properly applied.

Court Disposition

renewed applications for leave to appeal against conviction and sentence dismissed