Brehmer v R

Brehmer v R

The sentence imposed was unduly lenient because insufficient weight was given to aggravating factors, particularly the extent of the victim's suffering and the offender's conduct after the offence. The appropriate sentence before discount should have been 15 years' imprisonment, with a maximum 10% reduction for the guilty plea, resulting in a substituted sentence of 13½ years' imprisonment.

Parties
Applicant/respondent: Timothy Keith Brehmer; Applicant/respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 March 2021
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence
Outcome
sentence increased on Attorney General's Reference; application for leave to appeal against sentence dismissed
Legal Topics
Manslaughter, Loss of Control, Sentencing Guidelines, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Manslaughter Loss of Control Sentencing Guidelines Attorney General's Reference Unduly Lenient Sentence

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Parties

Timothy Keith Brehmer

Applicant/respondent

Regina

Applicant/respondent

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence for manslaughter by reason of loss of control was unduly lenient
  2. 2 Whether the sentencing judge erred in balancing aggravating and mitigating factors
  3. 3 Whether the discount for guilty plea was appropriate

Ratio Decidendi

The sentence imposed was unduly lenient because insufficient weight was given to aggravating factors, particularly the extent of the victim's suffering and the offender's conduct after the offence. The appropriate sentence before discount should have been 15 years' imprisonment, with a maximum 10% reduction for the guilty plea, resulting in a substituted sentence of 13½ years' imprisonment.

Court Disposition

sentence increased on Attorney General's Reference; application for leave to appeal against sentence dismissed

Orders

  • Sentence of 10½ years' imprisonment quashed
  • Substituted sentence of 13½ years' imprisonment imposed