Bottarelli, R. v [2026] EWCA Crim 383 (05 March 2026)

Bottarelli, R. v [2026] EWCA Crim 383 (05 March 2026)

Where the appellant has admitted intent to cause grievous bodily harm and there is no evidence of inability to form intent to kill, a specific direction on voluntary intoxication is unnecessary; the judge's directions were sufficient and the convictions are safe. The sentence imposed was not manifestly excessive...

Source-derived case information.

Citation
[2026] EWCA Crim 383
Parties
Prosecution: Rex; Appellant: Matteo Bottarelli
Jurisdiction
England and Wales
Judgment Date
05 March 2026
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; application for leave to appeal against sentence refused; leave granted to quash sentences of 'no separate penalty' on counts 4 and 6 and order those offences to lie on file
Legal Topics
Attempted Murder, Voluntary Intoxication, Mens Rea, Jury Directions, Sentencing, Wounding With Intent
Criminal Law Attempted Murder Voluntary Intoxication Mens Rea Jury Directions Sentencing Wounding With Intent

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Matteo Bottarelli

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge failed adequately to direct the jury on voluntary intoxication in the context of specific intent for attempted murder
  2. 2 Whether the sentence imposed was manifestly excessive given the appellant's mental disorder

Ratio Decidendi

Where the appellant has admitted intent to cause grievous bodily harm and there is no evidence of inability to form intent to kill, a specific direction on voluntary intoxication is unnecessary; the judge's directions were sufficient and the convictions are safe. The sentence imposed was not manifestly excessive given the seriousness of the offences and consideration of psychiatric evidence.

Court Disposition

appeal against conviction dismissed; application for leave to appeal against sentence refused; leave granted to quash sentences of 'no separate penalty' on counts 4 and 6 and order those offences to lie on file

Orders

  • conviction for attempted murder upheld
  • application for leave to appeal against sentence refused