REGINA v VASILE BRATU

REGINA v VASILE BRATU

The sentence was not manifestly excessive as the judge was entitled to find multiple serious aggravating factors, including previous assaults, use of a weapon, delay in calling for help, and the context of a controlling, violent relationship, which outweighed the mitigating factors.

Parties
Prosecutor: 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
Criminal Law Murder Sentencing Minimum Term Aggravating Factors Mitigating Factors

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Parties

Regina

Prosecutor

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 trial judge erred in finding previous assaults by the applicant on the deceased
  3. 3 Whether the judge was wrong to conclude there was a delay in calling emergency services

Ratio Decidendi

The sentence was not manifestly excessive as the judge was entitled to find multiple serious aggravating factors, including previous assaults, use of a weapon, delay in calling for help, and the context of a controlling, violent relationship, which outweighed the mitigating factors.

Court Disposition

renewed application for leave to appeal refused