Bristow & Ors, R. v

Bristow & Ors, R. v

The burglary was a continuing unlawful act that was dangerous from the outset due to the circumstances, and the appellants, as participants, could be convicted of manslaughter when a foreseeable risk of harm materialised during their escape. The judge's directions were correct, and the sentences reflected the appellants' roles and records.

Parties
Prosecutor: Regina; Appellant: Terrence Bristow; Appellant: Marcus Bristow; Appellant: Paul Dunn; Appellant: Lee Delay
Jurisdiction
England and Wales
Judgment Date
13 September 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal against conviction and sentence dismissed
Legal Topics
Manslaughter, Burglary, Joint Enterprise, Unlawful Act Manslaughter, Sentencing Disparity
Criminal Law Manslaughter Burglary Joint Enterprise Unlawful Act Manslaughter Sentencing Disparity

Case Brief

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Parties

Regina

Prosecutor

Terrence Bristow

Appellant

Marcus Bristow

Appellant

Paul Dunn

Appellant

Lee Delay

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants could be convicted of manslaughter as secondary parties to a burglary where the death occurred during the course of the burglary
  2. 2 Whether the judge's directions to the jury on manslaughter were correct
  3. 3 Whether the sentences imposed were manifestly excessive or disparate

Ratio Decidendi

The burglary was a continuing unlawful act that was dangerous from the outset due to the circumstances, and the appellants, as participants, could be convicted of manslaughter when a foreseeable risk of harm materialised during their escape. The judge's directions were correct, and the sentences reflected the appellants' roles and records.

Court Disposition

appeal against conviction and sentence dismissed

Orders

  • Appeals against conviction for manslaughter dismissed
  • Appeals against sentence dismissed