Broadhurst, R. v

The sentence was not manifestly excessive. The judge was entitled to place the case towards the upper end of category C, considering the applicant's role in causing the injuries, his failure to summon medical assistance, and his intoxication. The judge properly balanced aggravating and mitigating factors and did not err in his application of the law or the sentencing guidelines.

Parties: Prosecution: Regina; Applicant: John Anthony Broadhurst
Jurisdiction: England and Wales
Judgment Date: 14 November 2019
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome: application for leave to appeal against sentence refused
Legal Topics: Gross Negligence Manslaughter, Sentencing, Appeal Against Sentence

Criminal Law Gross Negligence Manslaughter Sentencing Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Regina

Prosecution

John Anthony Broadhurst

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentence for gross negligence manslaughter was manifestly excessive
2 Proper categorisation of culpability under the Sentencing Council's guideline for gross negligence manslaughter
3 Whether the judge erred in considering unlawful acts and aggravating factors

Ratio Decidendi

Court Disposition

application for leave to appeal against sentence refused