Ballard, R v

Ballard, R v

The sentence of 11 years' detention for manslaughter by gross negligence was severe but appropriate given the facts, and not manifestly excessive. The Criminal Cases Review Commission's reference was not justified as no new point of law or information was identified.

Parties
Prosecutor: Regina; Appellant: Russ Ballard
Jurisdiction
England and Wales
Judgment Date
02 December 2004
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Manslaughter, Gross Negligence, Dangerous Driving, Sentencing, Criminal Cases Review Commission
Criminal Law Manslaughter Gross Negligence Dangerous Driving Sentencing Criminal Cases Review Commission

Case Brief

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Parties

Regina

Prosecutor

Russ Ballard

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the sentence of 11 years' detention for manslaughter by gross negligence was manifestly excessive
  2. 2 Whether the Criminal Cases Review Commission reference was justified under section 13 of the Criminal Appeal Act 1995

Ratio Decidendi

The sentence of 11 years' detention for manslaughter by gross negligence was severe but appropriate given the facts, and not manifestly excessive. The Criminal Cases Review Commission's reference was not justified as no new point of law or information was identified.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.