Wacker, R v [2002] EWCA Crim 1944 (31st July 2002)

Wacker, R v [2002] EWCA Crim 1944 (31st July 2002)

Ex turpi causa does not prevent criminal liability for manslaughter arising from gross negligence in a joint criminal enterprise; the appellant owed a duty of care to the victims, and the sentencing must properly reflect the seriousness of the manslaughter charges.

Citation
[2002] EWCA Crim 1944
Parties
Prosecution: R; Appellant: Perry Wacker; Intervener: Attorney General
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused; Attorney General's application granted; sentences for manslaughter increased to 14 years concurrent; total sentence unchanged.
Legal Topics
Manslaughter, Gross Negligence, Ex Turpi Causa, Illegal Immigration, Sentencing
Criminal Law Manslaughter Gross Negligence Ex Turpi Causa Illegal Immigration Sentencing

Case Brief

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Parties

R

Prosecution

Perry Wacker

Appellant

Attorney General

Intervener

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a duty of care exists between participants in a joint criminal enterprise for manslaughter
  2. 2 Whether the principle of ex turpi causa applies to criminal manslaughter
  3. 3 Whether the sentencing for manslaughter was manifestly excessive or unduly lenient

Ratio Decidendi

Ex turpi causa does not prevent criminal liability for manslaughter arising from gross negligence in a joint criminal enterprise; the appellant owed a duty of care to the victims, and the sentencing must properly reflect the seriousness of the manslaughter charges.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused; Attorney General's application granted; sentences for manslaughter increased to 14 years concurrent; total sentence unchanged.

Orders

  • Conviction for manslaughter upheld
  • Leave to appeal against sentence refused