Brown, R. v [2011] EWCA Crim 2796 (01 December 2011)

Brown, R. v [2011] EWCA Crim 2796 (01 December 2011)

The sentence of 24 years for manslaughter and 2 years consecutive for obstruction was not excessive, as it properly reflected the substantial culpability found by the jury, the aggravating features, and the appropriate correlation with murder sentencing principles, notwithstanding the diminished responsibility verdict.

Source-derived case information.

Citation
[2011] EWCA Crim 2796
Parties
Appellant: R; Respondent: Robert Brown
Jurisdiction
England and Wales
Judgment Date
01 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Manslaughter, Diminished Responsibility, Sentencing, Obstructing a Coroner
Criminal Law Manslaughter Diminished Responsibility Sentencing Obstructing a Coroner

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Parties

R

Appellant

Robert Brown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence for manslaughter on the ground of diminished responsibility was excessive and loyal to the jury's verdict
  2. 2 Appropriate correlation between sentences for murder and manslaughter in light of diminished responsibility

Ratio Decidendi

The sentence of 24 years for manslaughter and 2 years consecutive for obstruction was not excessive, as it properly reflected the substantial culpability found by the jury, the aggravating features, and the appropriate correlation with murder sentencing principles, notwithstanding the diminished responsibility verdict.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 24 years imprisonment for manslaughter upheld
  • Sentence of 2 years imprisonment for obstruction of a coroner upheld