Campeanu, R, v

Campeanu, R, v

No Sheehan direction was required as there was no evidence the applicant lacked intent due to intoxication; the judge's directions were correct. The sentence was justified by aggravating factors and was not manifestly excessive.

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 application for leave to appeal against conviction and sentence dismissed
Legal Topics
Murder, Child Destruction, Intoxication, Self Defence, Sentencing, Aggravating Factors, Totality Principle
Criminal Law Murder Child Destruction Intoxication Self Defence Sentencing Aggravating Factors Totality Principle

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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 failing to give a Sheehan direction on intoxication and specific intent
  2. 2 Whether the sentence imposed was manifestly excessive, particularly regarding aggravating factors and totality

Ratio Decidendi

No Sheehan direction was required as there was no evidence the applicant lacked intent due to intoxication; the judge's directions were correct. The sentence was justified by aggravating factors and was not manifestly excessive.

Court Disposition

renewed application for leave to appeal against conviction and sentence dismissed