Bratu, R. v [2022] EWCA Crim 445 (17 March 2022)

Bratu, R. v [2022] EWCA Crim 445 (17 March 2022)

The sentencing judge was entitled to find, on the evidence, that the applicant had previously assaulted the deceased, delayed calling emergency services, and that aggravating factors substantially outweighed mitigation. The minimum term of 21 years was not manifestly excessive.

Citation
[2022] EWCA Crim 445
Parties
Prosecution: Regina; Applicant: Vasile Bratu
Jurisdiction
England and Wales
Judgment Date
17 March 2022
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
renewed application for leave to appeal refused
Legal Topics
Murder, Sentencing, Minimum Term, Aggravating Factors, Mitigating Factors, Appeal Against Sentence
Criminal Law Murder Sentencing Minimum Term Aggravating Factors Mitigating Factors Appeal Against Sentence

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Parties

Regina

Prosecution

Vasile Bratu

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term of 21 years imposed for murder was manifestly excessive
  2. 2 Whether the judge erred in finding previous assaults by the applicant on the deceased
  3. 3 Whether the judge was wrong to find delay in calling emergency services

Ratio Decidendi

The sentencing judge was entitled to find, on the evidence, that the applicant had previously assaulted the deceased, delayed calling emergency services, and that aggravating factors substantially outweighed mitigation. The minimum term of 21 years was not manifestly excessive.

Court Disposition

renewed application for leave to appeal refused